HomeMy WebLinkAboutAgenda Packet 11.16.2017
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PLANNING & ZONING COMMISSION
AGENDA
ST. LUCIE COUNTY
P & Z Regular Meeting
Thursday, November 16, 2017
6:00 PM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
Chairman
WILLIAM O'DELL
Board Member
EDWARD LOUNDS
Board Member
WILLIAM SMITH
At-Large Board Member
BOBBY HOPKINS
At-Large Board Member
JAMES TAYLOR
Vice Chairman
JAMES CLASBY
Board Member
CRAIG MUNDT
Board Member
KARA WOOD
At-Large Board Member
ROBERT LOWE
Ex-Officio Board Member
MARTY SANDERS
P & Z Regular Meeting Thursday, November 16, 2017 6:00 PM
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WELCOME
Please turn off all cellular phones and pagers prior to entering the Commission Chambers.
Please note that the Planning and Zoning Commission/Local Planning Agency serves in an advisory
capacity to the St. Lucie County Board of County Commissioners and has the power to review and
make recommendations to the Board, for approval or disapproval, on any applications within their
area of responsibility.
The Planning and Zoning Commission strongly encourages your input and comment at the public
hearing. Please limit comments to three minutes if possible and be respectful of others’ opinions.
For public convenience, all meetings are televised and are provided with wireless internet access.
P & Z Regular Meeting Thursday, November 16, 2017 6:00 PM
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1. CALL TO ORDER
A. Pledge of Allegiance
B. Invocation
C. Roll Call
D. Announcements
E. Disclosure(s)
2. MINUTES
A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, October
19, 2017
3. PUBLIC COMMENT
4. PUBLIC HEARINGS
A. FPL Interstate Solar Energy Center - Conditional Use Permit
Forward a recommendation to the Board of County Commissioners to adopt a Resolution to
approve the Conditional Use Permit for a solar generation station subject to the conditions in
the Resolution.
B. Ordinance 17-XXX for Medical Marijuana Dispensaries
Staff recommends the Local Planning Agency forward the draft ordinance to the Board of
County Commissioners with a recommendation of approval.
5. WORKSHOPS
A. There are no items scheduled.
6. OTHER BUSINESS
A. There are no scheduled items.
7. ADJOURN
P & Z Regular Meeting Thursday, November 16, 2017 6:00 PM
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NOTICE: All proceedings before the Planning and Zoning Commission / Local Planning Agency of St. Lucie County, Florida, are
electronically recorded. If a person decides to appeal any recommendation made by the Planning and Zoning Commission /
Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the
proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, by hiring
their own court reporter at their own expense, to create a record that includes the testimony and evidence upon which the
appeal is based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in.
Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon
request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk
Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about
this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822.
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ST. LUCIE COUNTY PLANNING & ZONING COMMISSION
ST. LUCIE COUNTY, FLORIDA
P & Z Regular Meeting
October 19, 2017 Convened: 6:00 PM
Adjourned: 6:21 PM
1. CALL TO ORDER
The meeting was called to order at 6:00 PM by Chairman William O'Dell
A. Pledge of Allegiance
B. Invocation
Mr. Hopkins
Attendee Name Title Status Arrived
William O'Dell Chairman Present
James Clasby Vice Chairman Present
Edward Lounds Board Member Absent
Craig Mundt Board Member Present
William Smith Board Member Present
Kara Wood Board Member Present
Bobby Hopkins At-Large Board Member Present
Robert Lowe At-Large Board Member Present
James Taylor At-Large Board Member Present
Marty Sanders Ex-Officio Board Member Present
D. Announcements
None
E. Disclosure(s)
Mr. Lowe and Mr. O'Dell stated they spoke with realtor, Pat Murphy regarding FPL agenda item
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P & Z Regular Meeting Thursday, October 19, 2017 6:00 PM
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2. MINUTES
A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, August
17, 2017
RESULT: ACCEPTED [UNANIMOUS]
MOVER: James Taylor, At-Large Board Member
SECONDER: Craig Mundt, Board Member
AYES: O'Dell, Clasby, Mundt, Smith, Wood, Hopkins, Lowe, Taylor
ABSENT: Edward Lounds
3. PUBLIC COMMENT
None
4. PUBLIC HEARINGS
A. FPL Interstate Solar Energy Center - Conditional Use Permit
Jeff Johnson, Senior Planner and Josh Long of Gunster law firm requested a continuous for this
agenda item. Attorney Long stated nothing has changed but there has been some traffic
related questions from the Transportation Planning Organization (TPO) that needs to be
addressed. The Commission granted the request.
Public Hearing Open
No one spoke
Public Hearing Closed
RESULT: CONTINUED [UNANIMOUS] Next:
11/16/2017 6:00 PM
MOVER: James Taylor, At-Large Board Member
SECONDER: James Clasby, Vice Chairman
AYES: O'Dell, Clasby, Mundt, Smith, Wood, Hopkins, Lowe, Taylor
ABSENT: Edward Lounds
B. Hillbilly Lot Rezoning
Bethany Grubbs, Planner stated the subject property is located within the Jay Gardens
subdivision that was originally platted in 1957 with lots sizes averaging 75 foot in width. In
1984, the County rezoned Jay Gardens subdivision to AR-1, a district that required one acre lots,
creating non-conforming lots. Since then, parcels have been sold and subdivided in a manner
that has not maintained the one acre size and several property owners have sought and
received a change in zoning to the RS-4 zoning district to allow for the construction of a single
family home because the lots were not buildable. The applicant is requesting change in zoning
from AR-1 (Agricultural, Residential - 1 du/acre) to RS - 4 (Residential, Single Family - 4 du/acre).
This is to allow for future development of a single family residence.
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P & Z Regular Meeting Thursday, October 19, 2017 6:00 PM
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The commission discussed background on rezoning, adoption of the Land Development Code
and page 3 of the staff report.
Public Hearing Open
Two residents asked about zoning change of others in the area and if there were to be a duplex
built. The residents were satisfied with the answer of no to both questions.
Public Hearing Closed
RESULT: APPROVE [UNANIMOUS]
MOVER: James Taylor, At-Large Board Member
SECONDER: Craig Mundt, Board Member
AYES: O'Dell, Clasby, Mundt, Smith, Wood, Hopkins, Lowe, Taylor
ABSENT: Edward Lounds
C. A-1 Nursery Rezoning from IX (Industrial, Extraction) to AG-5 (Agricultural-5) Zoning District
Linda Pendarvis, Comprehensive Planning Coordinator stated this petition is for a request for a
change in zoning from IX (Industrial, Extraction) to AG-5 (Agricultural-1du/5ac) to allow the
applicants to develop their property with a single family home and to continue the agricultural
nursery operations of a tree farm consistent with the AG-5 zoning district. The subject parcels
total 23.2 acres located on the east side of Trowbridge Road near Orange Avenue. Staff has
determined that this petition is consistent with the goals, objectives and policies of the St. Lucie
County Comprehensive Plan and conforms to the standards of review as set forth in Section
11.06.03 of the St. Lucie County Land Development Code. Staff recommends that the proposed
change in zoning be forwarded to the Board of County Commissioners with an approval
recommendation.
There were no questions for staff.
Public Hearing open
One person spoke in favor
Public Hearing Closed
RESULT: APPROVE [UNANIMOUS]
MOVER: James Clasby, Vice Chairman
SECONDER: James Taylor, At-Large Board Member
AYES: O'Dell, Clasby, Mundt, Smith, Wood, Hopkins, Lowe, Taylor
ABSENT: Edward Lounds
5. WORKSHOPS
A. There are no items scheduled.
6. OTHER BUSINESS
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P & Z Regular Meeting Thursday, October 19, 2017 6:00 PM
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A. There are no scheduled items.
7. ADJOURN
There being no further business to be brought before the Board, the meeting was adjourned.
Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the
Circuit Court and available for inspection upon request.
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ITEM NO. (ID # 4703)
DATE: 11/16/2017
AGENDA REQUEST *
QUASI-JUDICIAL
BACKGROUND:
UPDATE (NOVEMBER 16, 2017)
As identified in the 2030 North St. Lucie County Future Street Network Plan (attached) there are two (2)
roadways that are in close proximity to the proposed solar generation center, the North/South “C” Road
(two lane road) which is identified on the site plan and the East/West Northern/Airport Connector (4 lane
road). This proposed street network supports the transportation concurrency strategy for the area and
identifies the general vicinity of major roads and intersections. It is important to note that the proposed
streets are not site specific. Land Development Code, Section 4.04.04(B)(2) states “St. Lucie County will
not approve any construction or development of land that would interfere with the creation of or
improvements to the streets identified on the Future Street Network Plan”.
The conceptual alignment of the planned Northern/Airport Connector roadway is located adjacent to the
southern border of the subject property and is referenced in the St. Lucie County Transportation Planning
Organization’s (TPO) latest Long Range Transportation Plan and is referred to as Go2040. The Go2040
references the construction of this roadway that would link I-95 and Florida’s Turnpike with St. Lucie
Boulevard, providing a more direct route for trucks traveling on these highways to reach the Port of Fort
Pierce, St. Lucie County International Airport and a proposed rail spur form the FEC rail line into the
Airport property. There are also plans to develop 984 acres of the land north of the airport into a freight
logistics zone, which would be facilitated by a better connection to the roadway network. The feasibility
of the Northern/Airport Connector roadway depends on projected usage of these interchanges. The FDOT
feasibility study is expected to be funded beginning July 1, 2018.
The potential transportation impacts of this proposed use in conjunction with this roadway were analyzed
by FPL’s consultant Simmons and White, Inc. and reviewed by the County’s traffic consultant, Calvin
Giordano and Associates (see attached). The review concludes that 2040 traffic projections anticipate and
estimated 12,000 daily redirected regional trips without any future development trips. These initial traffic
forecasted volumes would at a minimum meet the minimum traffic volumes for a two-lane roadway
facility. Therefore, the proposed solar generation station will have a minor long term impact on the need
TO: St. Lucie County Planning & Zoning Commission
PRESENTED BY: Jeffrey Johnson, Senior Planner
SUBMITTED BY: Planning Division
SUBJECT: FPL Interstate Solar Energy Center - Conditional Use Permit
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Updated: 11/16/2017 7:20 AM by Jeffrey Johnson Page 2
or feasibility of the Northern/Airport Connector Road subject to the development of the southerly 96
acres (56 acres and 40 acres of medium and low intensity, respectively) to its maximum development
potential. A condition of approval requires FPL to provide alternative tree mitigation per the requirements
of LDC, Section 6.00.05(D) in a method accepted and approved by the Board of County Commissioners in
order to accommodate maximum development potential of the land area adjacent to the proposed
Airport Connector.
UPDATE (OCTOBER 19, 2017)
This development petition was heard by the Planning and Zoning Commission on August 17, 2017 with a
unanimous recommendation of approval to be forwarded to the Board of County Commissioners. Prior to
scheduling the petition before the Board of County Commissioners, staff noticed an error in the public
hearing mail notification map. The southernmost parcel was not included and (2) real property owners
within the 500 foot radius were not notified by mail. In order to provide legal due process, the petition
has been re-scheduled for the October 19th meeting and contains the corrected maps and mail
notifications.
BACKGROUND:
The applicant, Florida Power and Light Company (FPL) is requesting Conditional Use Permit approval for
the construction and operation of a 74.5 MW Photovoltaic (PV) Solar Center on +/-540 of agricultural land
consisting of six (6) parcels located West of Interstate 95, northeast of the Florida’s Turnpike and north of
Belcher Canal (C-25 Canal). The subject property lies outside the urban services boundary and is zoned
AG-1 (Agricultural - 1) which is consistent with the TVC (Towns, Villages and Countryside) future land use.
The proposed solar generation center is adjacent to an existing FPL transmission line and will create clean,
renewable energy by converting sunlight via photovoltaic solar arrays into direct current (DC) electricity.
This zero emission electricity will be converted into alternating current (AC) utilizing power inverters and
will be carried to the collector substation where the voltage is boosted for transmission through the
electric grid. The solar panels stand approximately 2 feet off the ground at their lowest point and are
approximately 6 to 7 feet in height at their highest point. The facility is unmanned with restricted access.
FPL employees do not report to this location, and maintenance crews park inside a secured fenced area.
No water or fuel is needed to operate or maintain the facility.
The applicant has submitted a Major Site Plan petition for this proposed solar generation center which is
currently under review (see attached site plan drawings). The project includes solar arrays (approximately
300,000 solar panels) that will cover nearly half the property, a substation (230’ x 360’) and 16’ wide
stabilized service paths. Three (3) locations have been identified on the site plan for a future 15,000 s.f.
regional Solar PV Operations Center. Depending on the future growth of solar, FPL anticipates between 3
to 10 full time employees at the Center. The Center will be used for the storage of office equipment and
spare parts related to Solar PV operations (panels, cables, fuses, inverters and components, etc.). The
center may also be used to hold small meetings to teach solar related information and to facilitate guided
tours of the Solar Facility. An observation tower may also be constructed as an accessory to the
educational component of the Center. This future building will require a modification to the Major Site
Plan to demonstrate compliance with Land Development Code requirements including a review of
adequate public facilities.
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Updated: 11/16/2017 7:20 AM by Jeffrey Johnson Page 3
Construction and Operation
Access to the site will be obtained by utilizing Aico Road which transitions into a 60 foot wide private road
way easement which will be maintained by FPL during the development and construction of the facility.
Construction activities and deliveries to the site will occur during the hours from 7 a.m. to 6 p.m.
weekdays and 8 a.m. to 5 a.m. on Saturday during the construction period. Construction will be
accomplished within a 6 to 10 month period.
PREVIOUS ACTION:
October 19, 2017 The Planning and Zoning Commission at the request of the applicant continued the
agenda item to the November 16, 2017 meeting to review the potential transportation impacts for the
proposed project in conjunction with the planned Airport Connector roadway.
August 17, 2017 The Planning and Zoning Commission recommended unanimous approval of the request
to the Board of County Commissioners.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Forward a recommendation to the Board of County Commissioners to adopt a Resolution to approve the
Conditional Use Permit for a solar generation station subject to the conditions in the Resolution.
COMMISSION ACTION:
Coordination/Signatures
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PLANNING AND ZONING COMMISSION
Planning Division Agenda Item Summary
Hearing Date:
Thursday
November 16, 2017
__________________
Applicant
Florida Power & Light Co.
Michael W. Sole
700 Universe Blvd.
Juno Beach, FL 33408
Agent
Gunster Law Firm
Robert S. Raynes Esq.
Josh Long, AICP
800 Monterey Commons
Boulevard, Suite 200
Stuart, FL 34996
Future Land Use
TVC, Towns, Villages and
Countryside
Zoning District
AG-1, Agricultural – 1
Request
A Conditional Use Permit
for a proposed solar
energy facility
Staff
Jeffrey Johnson
Senior Planner
JohnsonJ@stlucieco.org
(772) 462-1580
File Number
CU 520175135
Conditional Use Permit
FPL Interstate Solar Energy Center
Project Description
FPL Company is requesting
Conditional Use Permit approval for
the construction and operation of a
74.5 MW Photovoltaic Solar Center
on +/- 540 acres of land comprised of
six (6) parcels located west of
Interstate 95, northeast of the Florida
Turnpike and north of Belcher Canal
(Canal No. 25).
The proposed solar generation
center is adjacent to an existing FPL
transmission line and will create
clean, renewable energy by
converting sunlight via photovoltaic
solar arrays into direct current (DC)
electricity. This zero emission
electricity will be converted into
alternating current (AC) utilizing
power inverters and will be carried to
the collector substation where the
voltage is boosted for transmission
through the electric grid.
A Major Site Plan petition for this
project is currently under review
(see attached). The project includes
approximately 300,000 solar panels
that will cover approximately half
the property, a substation, and
stabilized access paths. The solar
panels stand approx. 2 feet off the
ground at their lowest point and are
approx. 6 to 7 feet in height at their
highest point. The facility is
unmanned with restricted access.
Employees do not report to this
location. No water or fuel is needed
to operate or maintain the facility.
Notice Requirements
A public hearing notice in
accordance with Section 11.00.03
of the Land Development Code was
placed in the St. Lucie News
Tribune on October 4, 2017.
Notices were mailed to property
owners within a 500 foot radius,
and a public hearing notification
sign was installed on the property.
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Planning and Development Services
Planning Division
M E M O R A N D U M
TO: Planning and Zoning Commission
THROUGH: Leslie Olson, AICP, Director
Bonnie C. Landry, AICP, Planning Manager
FROM: Jeffrey Johnson, Senior Planner
DATE: November 16, 2017
SUBJECT: Conditional Use Permit – Florida Power and Light Company Interstate Solar Energy
Center
GENERAL INFORMATION:
Applicant/Property Owner: Florida Power and Light Company
Agent for Applicant: Gunster Law Firm – Robert Raynes, Esq. and Josh Long, AICP
Location: West of Interstate 95, northeast of the Florida’s Turnpike and north
of Belcher Canal (C-25 Canal)
Size of Development: +/- 540 acres
Tax Identification Numbers: 1328-231-0001-000-7 1328-311-0001-000-2
1328-321-0001-000-3 1333-112-0010-000-3
1328-312-0001-000-5 1328-341-0001-000-5
Current Zoning: AG-1 (Agricultural – 1)
Future Land Use: TVC (Towns, Villages and Countryside)
Wetlands: Yes
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FPL Interstate Solar Energy Center - Conditional Use Permit
CU 520175136
November 16, 2017
Page 2
Utilities: None
Urban Services Boundary: Outside
Adjacent Land Use/Zoning:
Future Land Use Zoning Existing Use(s)
North TVC (Towns, Villages and
Countryside)
AG-1 (Agricultural -1) Equestrian Center - K
and J Rubidoux Stables
and Agricultural Lands
South TVC (Towns, Villages and
Countryside)
AG-1 (Agricultural -1) Agricultural Lands
East TVC (Towns, Villages and
Countryside)
AG-1 (Agricultural -1) and
PUD (Planned Unit
Development) and PUD
(Planned Unit Development)
Panther Woods (f/k/a
Meadow Wood) PUD –
442 dwelling units and
Agricultural Lands
West TVC (Towns, Villages and
Countryside)
AG-1 (Agricultural -1) Agricultural Lands
BACKGROUND
The applicant, Florida Power and Light Company (FPL) is requesting Conditional Use Permit
approval for the construction and operation of a 74.5 MW Photovoltaic Solar Center on +/-540
of agricultural land consisting of six (6) parcels located West of Interstate 95, northeast of the
Florida’s Turnpike and north of Belcher Canal (C-25 Canal). The subject property lies outside the
urban services boundary and is zoned AG-1 (Agricultural - 1) which is consistent with the TVC
(Towns, Villages and Countryside) future land use.
The proposed solar generation center is adjacent to an existing FPL transmission line and will
create clean, renewable energy by converting sunlight via photovoltaic solar arrays into direct
current (DC) electricity. This zero emission electricity will be converted into alternating current
(AC) utilizing power inverters and will be carried to the collector substation where the voltage is
boosted for transmission through the electric grid. The solar panels stand approximately 2 feet
off the ground at their lowest point and are approximately 6 to 7 feet in height at their highest
point. The facility is unmanned with restricted access. FPL employees do not report to this
location, and maintenance crews park inside a secured fenced area. No water or fuel is needed
to operate or maintain the facility.
The applicant has submitted a Major Site Plan petition for this proposed solar generation center
which is currently under review (see attached site plan drawings). The project includes solar
arrays (approximately 300,000 solar panels) that will cover nearly half the property, a substation
(230’ x 360’) and 16’ wide stabilized service paths. Three (3) locations have been identified on
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FPL Interstate Solar Energy Center - Conditional Use Permit
CU 520175136
November 16, 2017
Page 3
the site plan for a future 15,000 s.f. regional Solar PV Operations Center. Depending on the
future growth of solar, FPL anticipates between 3 to 10 full time employees at the Center. The
Center will be used for the storage of office equipment and spare parts related to Solar PV
operations (panels, cables, fuses, inverters and components, etc.). The center may also be used
to hold small meetings to teach solar related information and to facilitate guided tours of the
Solar Facility. An observation tower may also be constructed as an accessory to the educational
component of the Center. This future building with its accessory structures will require a
modification to the Major Site Plan to demonstrate compliance with Land Development Code
requirements including a review of adequate public facilities.
Construction and Operation
Access to the site will be obtained by utilizing Aico Road which transitions into a 60 foot wide
private road way easement which will be maintained by FPL during the development and
construction of the facility. Construction activities and deliveries to the site will occur during the
hours from 7 a.m. to 6 p.m. weekdays and 8 a.m. to 5 a.m. on Saturday during the construction
period. Construction will be accomplished within a 6 to 10 month period.
NEIGHBORHOOD MEETING
The applicant held a neighborhood meeting at Crossings Community Church (8103 Indrio Road)
on August 3, 2017 to discuss the proposed project with surrounding property owners. The
meeting was attended by an adjacent property owner to the west. There were no issues or
concerns brought to the attention of staff.
STAFF ANALYSIS
CONDITIONAL USE PERMIT
STANDARDS OF REVIEW SET FORTH IN
LDC, SECTION 11.07.03
Land Development Code, Section 11.07.03 establishes the standards for reviewing Conditional
Use Permits. In reviewing an application for a Conditional Use Permit, the Board of County
Commissioners and the Planning and Zoning Commission shall consider:
A. Consistency with Land Development Code and Comprehensive Plan
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FPL Interstate Solar Energy Center - Conditional Use Permit
CU 520175136
November 16, 2017
Page 4
Consistency with Land Development Code
The request is consistent with the general purpose, goals, objectives and standards of the
Land Development Code. The +/-540 acre parcel is zoned AG-1, Agricultural -1, which is
compatible with the TVC, Towns, Villages and Countryside future land use.
LDC 4.04.04 B2 - St. Lucie County will not approve any construction or development of land
that would interfere with the creation of or improvements to the streets identified on the
Future Street Network Plan.
The proposed solar generation station will have a minor long term impact on the need or
feasibility of the Northern/Airport Connector Road subject to the development of the
southerly 96 acres (56 acres and 40 acres of medium and low intensity, respectively) to its
maximum development potential. A condition of approval requires FPL to provide
alternative tree mitigation per the requirements of LDC, Section 6.00.05(D) in a method
accepted and approved by the Board of County Commissioners.
Solar generation stations are allowed via conditional use permit in the AG-1 zoning as per
LDC, Section 3.01.03(A)(7)(n) - solar generation station subject to the following
requirements in LDC, Section 7.10.28:
1. Physical access to a solar generation station shall be restricted by fencing or walls.
Razor wire is prohibited. All fencing and wall details shall be provided for review
and approval as part of the required site plan.
A perimeter seven (7) foot high security fence will be installed that consists of chain
link with one (1) foot of barbed wire.
2. The devices that capture energy and convert it to electricity shall not be placed in
wetlands, environmentally sensitive resources or habitats, imperiled and critically
imperiled habitats as defined by the Florida Natural Areas Inventory, and buffers.
Any environmental impacts from such devices, or any component of a solar
generation station, shall only be allowed in compliance with the provisions of the
County’s Comprehensive Plan and Land Development Code.
The applicant has provided an Environmental Impact Report that has been
reviewed by staff (see attached). As depicted on the proposed site plan, the
devices will not be placed in any wetland or environmentally sensitive areas.
3. All devices that capture and covert energy to electricity shall be located at least
fifty (50) feet from any lot line under separate ownership, unless otherwise
approved by the Board of County Commissioners.
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The facility is located on existing agricultural land previously used for farming is not
visible to the farm house to the north which is buffered by a 200 foot wide
vegetative buffer. To the west, the subject property is adjacent to agricultural land
where there is no planned developments proposed.
4. The maximum lot coverage by structures, including solar ground or pole mounted
panels, for the zoning district may be waived by the Board of County
Commissioners. The approved maximum lot coverage shall be shown on the site
plan and specified in the resolution approving the development.
The applicant has requested a waiver from the 10 percent maximum lot coverage
as 51 percent of the lot is covered by structures. This waiver will be reviewed
through the site plan review process, and a final decision will be made by the Board
of County Commissioners.
5. All solar generation station sites must comply with the landscaping and screening
requirements of the Land Development Code. The perimeter buffer landscaping
requirements may be waived by the Board of County Commissioners, if it is shown
to the satisfaction of the Commission that the adjoining property owners have no
objections to the landscaping waiver. Interior vehicular use area landscaping
requirements may be waived by the Commission, to the extent necessary to ensure
optimal solar access. The Board of County Commissioners may require additional
landscaping to enhance compatibility with adjacent land uses.
The applicant has requested a waiver from the landscaping and screening
requirements in the Land Development Code. As of date, there have been no
objections from adjoining property owners to the waiver.
6. On site power lines shall be places underground to the maximum extent possible.
The applicant has addressed this to the maximum extent possible. The conduits
adjacent to the solar arrays that will transfer electrical current to the substation
have been placed underground where feasible so as not impact wetlands or
drainage. A power pole with an overhead transmission line will be installed
adjacent to the substation that will carry electricity to an existing FPL transmission
line that is located on the property to the west.
Consistency with Comprehensive Plan
The solar generation center will provide alternative, clean energy that complies with the
goals, policies and objectives of the Comprehensive Plan. Specifically, Goal IV of the
County’s ‘Greenprint’, which is cited in the County’s Conservation Element, adopted by
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FPL Interstate Solar Energy Center - Conditional Use Permit
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the Board of County Commissioners in 2009 that outlines the County’s vision for a
sustainable community. Goal IV strives to “support energy conservation and clean energy
alternatives”.
AG-1 zoning and its permitted and conditional uses are consistent with TVC, MXD and RE
Future Land Use designations. While the entire site is currently designated as TVC Future
Land Use, the 2007 Future Land Use Map underlies the TVC and instructs development.
The subject site was designated RE on the northern 290 acres and MXD on the southern
250 acres.
As identified in the 2030 North St. Lucie County Future Street Network Plan (attached),
and adopted as Fig 11-15 in the TVC Element of the St. Lucie County Comprehensive Plan,
there are two (2) roadways that are in close proximity to the proposed solar generation
center, the North/South “C” Road (two lane road) which is identified on the site plan and
the East/West Northern/Airport Connector (4 lane road). This proposed street network
supports the transportation concurrency strategy for the area and identifies the general
vicinity of major roads and intersections. It is important to note that the proposed streets
are not site specific. Land Development Code, Section 4.04.04(B)(2) states “St. Lucie
County will not approve any construction or development of land that would interfere with
the creation of or improvements to the streets identified on the Future Street Network
Plan”.
The conceptual alignment of the planned Northern/Airport Connector roadway is located
adjacent to the southern border of the subject property and is referenced in the St. Lucie
County Transportation Planning Organization’s (TPO) latest Long Range Transportation
Plan and is referred to as Go2040. The Go2040 references the construction of this
roadway that would link I-95 and Florida’s Turnpike with St. Lucie Boulevard, providing a
more direct route for trucks traveling on these highways to reach the Port of Fort Pierce,
St. Lucie County International Airport and a proposed rail spur form the FEC rail line into
the Airport property. There are also plans to develop 984 acres of the land north of the
airport into a freight logistics zone, which would be facilitated by a better connection to
the roadway network. The feasibility of the Northern/Airport Connector roadway
depends on projected usage of these interchanges. The FDOT feasibility study is expected
to be funded beginning July 1, 2018.
The potential transportation impacts of this proposed use in conjunction with this
roadway were analyzed by FPL’s consultant Simmons and White, Inc. and reviewed by the
County’s traffic consultant, Calvin Giordano and Associates (see attached). The review
concludes that 2040 traffic projections anticipate and estimated 12,000 daily redirected
regional trips without any future development trips. These initial traffic forecasted
volumes would at a minimum meet the minimum traffic volumes for a two-lane roadway
facility. Therefore, the proposed solar generation station will have a minor long term
4.A.b
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impact on the need or feasibility of the Northern/Airport Connector Road subject to the
development of the southerly 96 acres (56 acres and 40 acres of medium and low
intensity, respectively) to its maximum development potential. A condition of approval
requires FPL to provide alternative tree mitigation per the requirements of LDC, Section
6.00.05(D) in a method accepted and approved by the Board of County Commissioners.
Effect on Adjacent Properties
1. The proposed conditional use will not have an undue adverse effect upon nearby
property.
The proposed conditional use should not have an undue adverse impact upon nearby
properties. The solar panels are static, operate silently, have zero reflection, no odor, and
require no water, fuel or staff to operate.
2. The proposed conditional use is compatible with the existing or planned character of
the neighborhood in which it would be located.
The proposed conditional use is compatible with existing or planned character of the
neighborhood. The solar generation facility is a very low impact use surrounded by an
equestrian center, a residential PUD and agricultural land. The proposed solar generation
center is adjacent to an existing FPL transmission line and will create clean, renewable
energy by converting sunlight via photovoltaic solar arrays into direct current (DC)
electricity. This zero emission electricity will be converted into alternating current (AC)
utilizing power inverters.
3. All reasonable steps have been taken to minimize any adverse effect of the proposed
conditional use on the immediate vicinity through building design, site design,
landscaping, and screening.
A seven (7) foot high fence with one (1) foot of barbed wire will be installed around the
perimeter of the property to secure the site. A condition of approval requires that all
exterior lighting be reduced to zero footcandle readings at the property line.
4. The proposed conditional use will be constructed, arranged, and operated so as not
to interfere with the development and use of neighboring property, in accordance with
applicable district regulations.
The proposed use is should not interfere with the development and use of neighboring
property. The conceptual alignment of the planned Northern/Airport Connector roadway
is located adjacent to the southern border of the subject property. The feasibility of the
Northern/Airport Connector roadway depends upon projected usage of these
interchanges. In accordance with 4.04.04 B2 a condition of approval requires the
applicant to agree to alternative tree mitigation for the project in order to allow for future
development of the southern 96 acres. There is also a condition of approval that requires
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FPL Interstate Solar Energy Center - Conditional Use Permit
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Page 8
the applicant to remove the solar equipment if the use is not operated for a continuous
period of 12 months.
B. Adequacy of Public Facilities
Water/Wastewater
The subject property lies outside the urban services boundary. The proposed solar
generation center is a public utility and therefore does not require water or wastewater
service.
Transportation System
A traffic impact report is not required as per LDC, Section 11.02.09(4)(A). The applicant
has provided a traffic statement which indicates that the proposed development of the
solar generation facility will result in a net decrease in site traffic due to the change in use
from agriculture. The expected average trip generation of the facility following buildout
is four (4) trips per month for maintenance purposes. The proposed development will
have a minor long term impact on the need or feasibility of the Northern/Airport
Connector roadway.
C. Adequacy of Fire Protection
The St. Lucie County Fire District, Fire Prevention Bureau has reviewed the proposed
conditional use permit in accordance with the provisions of the State Fire Code and has
no objections to the request. St. Lucie County Fire District, Station #11 – Shinn Road (3501
Shinn Road) is located approximately 7 miles to the southwest.
D. Environmental Impact
The site currently consists of 117.6-acres of improved pasture (actively grazed), 29.1-acres
of unimproved pasture (natural grasslands with herbaceous groundcover such as saw
palmetto, wax myrtle, and widely scattered oak, slash pine and cabbage palm), 240.2-
acres of pine flatwoods, 105.7-acres of previous horticultural production (currently
utilized as grazing), 19.1-acres of man-made ditches, 8.0-acres of man-made reservoirs,
0.4-acres of mixed forested wetlands, 12.3-acres of freshwater marshes, and 6.63-acres
of existing roads.
Environmental Resources Department does not object to the Conditional Use Permit
application. Environmental impacts for this Conditional Use are being addressed through
the Major Site Plan process, which is currently under review by staff. The Major Site Plan
4.A.b
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application will address avoidance and minimization, tree preservation and mitigation,
landscaping and impacts to wetlands as required by the Land Development Code.
RECOMMENDATION
Forward a recommendation to the Board of County Commissioners to adopt a Resolution to
approve the Conditional Use Permit for a solar generation station subject to the following
conditions in the Resolution.
Planning and Development Services, Planning Division
1. The conditional use improvements and operational areas shall be consistent with
Resolution No. 17-XXX authorizing Major Site Plan approval on the drawings prepared by
Culpepper and Terpening, Inc. date stamped received by the St. Lucie County Planning
Division on ____, 2017. Adjustments to the site plan or conditional use permit may be
made consistent with the St. Lucie County Land Development Code.
2. On-site construction activities and/or repairs to the solar energy facility shall be restricted
to the hours of 7:00 a.m. to 6:00 p.m. on weekdays and 8:00 a.m. to 5:00 p.m. on
Saturday.
3. Footcandle readings for all exterior lighting associated with normal operations of the solar
center shall be zero (0) at adjacent property lines. Repairs and maintenance of solar
center equipment shall be exempt from this provision.
4. If the use is not operated for a continuous period of 12 months, it shall be considered
abandoned, and the owner of such solar equipment shall remove the same within 180
days of receipt of notice from the County notifying the owner of such abandonment.
Failure to remove the abandoned equipment shall be grounds for the County to remove
the equipment at the expense of the owner.
5. The owner at all times shall comply with the St. Lucie County Code of Ordinances, Section
28-107 through 28-112, as amended regulating noise.
Environmental Resources Department
6. The applicant shall agree to alternative tree mitigation in a method accepted and
approved by the Board of County Commissioners.
7. The issuance of County development permit does not in any way create any rights on the
part of the applicant to obtain a permit from a state or federal agency and does not create
any liability on the part of the County if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result
in a violation of state or federal law.
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8. All other applicable state or federal permits must be obtained before commencement of
the development.
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Revised: 08/29/2015
Memorandum
☒ Fort Lauderdale Office ∙ 1800 Eller Drive ∙ Suite 600 ∙ Fort Lauderdale, FL 33316 ∙ 954.921.7781(p) ∙ 954.921.8807(f)
☐ West Palm Beach Office ∙ 560 Village Boulevard ∙ Suite 340 ∙ West Palm Beach, FL 33409 ∙ 561.684.6161(p) ∙ 561.684.6360(f)
I have reviewed the 10/31/2017 Memorandum (as amended) from Simmons and White (copy attached) related to the proposed FPL Solar
Farm to be located on a 539‐acre site north of the C‐25 Belcher Canal, northeast of Florida’s Turnpike and west of I‐95. I also reviewed the
related traffic impact study prepared for this site dated 04/18/17 (copy attached) by Culpepper and Terpening, Inc. After review of these
two documents, the following items are apparent;
The site generated trips for the proposed 358.83‐acre FPL Solar farm will be minor and occur on a monthly basis for routine
maintenance.
There is future development potential for the remaining 180.17 acres of the 539‐acre site located within the Town, Villages and
Countryside area in Northern St. Lucie County. This includes a southerly 96‐acre development scenario which included a mixed‐
use development of 350 vertically integrated multi‐family dwelling units and a commercial center with a 0.15 floor area ratio.
A full corridor justification study for the proposed
Northern/Airport Connector road from the FL
Turnpike to Kings Highway in St. Lucie County is
scheduled beginning in July of 2018. An initial traffic
screening was obtained from the FL Turnpike/FDOT
which indicates that the 2040 traffic projections
anticipate and estimated 12,000 daily redirected
regional trips without any new future development
trips. These initial traffic forecasted volumes would
at a minimum meet the minimum traffic volumes for
a two‐lane roadway facility. In addition to the initial
traffic screening provided by the FL Turnpike/FDOT,
the following items are also apparent;
There is future development potential for the
remaining Town, Villages and Countryside area in
Northern St. Lucie County which will add site
generated trips to the future Northern/Airport
Connector roadway facility
There is current anticipated roadway connectivity needs for future freight traffic between the FL Turnpike and St. Lucie County
International Airport. This connectivity will be aided by a future Northern/Airport Connector road.
Additional roadway connectivity will also aid in the establishment of another connection between the FL Turnpike and Interstate
95. This additional FL Turnpike exit (between existing exit 152 and exit 193) would provide for additional connectivity for
emergency response and evacuation for the FL Turnpike and Interstate 95.
Therefore, based on my technical review of the available traffic information and documents provided by St. Lucie County related to the FPL
Solar Farm development, I concur that the proposed FPL Solar Farm development will have a minor long‐term impact on the need or
feasibility of the Northern/Airport Connector road subject to the development of the southerly 96 acres to its maximum development
potential.
Date: 11/15/2017
To: Bonnie Landry, AICP, Planning Manager
From: Eric S. Czerniejewski, P.E., Director of Traffic Engineering, Calvin, Giordano and Associates, Inc.
Subject: Northern/Airport Connector from FL Turnpike to Kings Highway (St. Lucie County)
Project: FPL Solar Farm Traffic Review
CC: Leslie Olson, AICP, Director
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2012 FDOT QUALITY/LEVEL OF SERVICE HANDBOOK TABLES
TABLE 1
Generalized Annual Average Daily Volumes for Florida’s
Urbanized Areas
12/18/12
INTERRUPTED FLOW FACILITIES UNINTERRUPTED FLOW FACILITIES
Non-State Signalized Roadway Adjustments
(Alter corresponding state volumes
by the indicated percent.) Non-State Signalized Roadways - 10%
STATE SIGNALIZED ARTERIALS
Class I (40 mph or higher posted speed limit)
Lanes Median B C D E
2 Undivided * 16,800 17,700 **
4 Divided * 37,900 39,800 **
6 Divided * 58,400 59,900 **
8 Divided * 78,800 80,100 **
Class II (35 mph or slower posted speed limit)
Lanes Median B C D E
2 Undivided * 7,300 14,800 15,600
4 Divided * 14,500 32,400 33,800
6 Divided * 23,300 50,000 50,900
8 Divided * 32,000 67,300 68,100
Freeway Adjustments
Auxiliary Lanes
Present in Both Directions
Ramp
Metering
+ 20,000 + 5%
FREEWAYS
Core Urbanized
Lanes B C D E
4 47,400 64,000 77,900 84,600
6 69,900 95,200 116,600 130,600
8 92,500 126,400 154,300 176,600
10 115,100 159,700 194,500 222,700
12 162,400 216,700 256,600 268,900
Urbanized
Lanes B C D E
4 45,800 61,500 74,400 79,900
6 68,100 93,000 111,800 123,300
8 91,500 123,500 148,700 166,800
10 114,800 156,000 187,100 210,300
Median & Turn Lane Adjustments
Lanes Median
Exclusive
Left Lanes
Exclusive
Right Lanes
Adjustment
Factors
2 Divided Yes No +5%
2 Undivided No No -20%
Multi Undivided Yes No -5%
Multi Undivided No No -25%
– – – Yes + 5%
One-Way Facility Adjustment
Multiply the corresponding two-directional
volumes in this table by 0.6
UNINTERRUPTED FLOW HIGHWAYS
Lanes Median B C D E
2 Undivided 8,600 17,000 24,200 33,300
4 Divided 36,700 51,800 65,600 72,600
6 Divided 55,000 77,700 98,300 108,800
Uninterrupted Flow Highway Adjustments
Lanes Median Exclusive left lanes Adjustment factors
2 Divided Yes +5%
Multi Undivided Yes -5%
Multi Undivided No -25%
BICYCLE MODE2
(Multiply motorized vehicle volumes shown below by number of
directional roadway lanes to determine two-way maximum service
volumes.) Paved
Shoulder/Bicycle
Lane Coverage B C D E
0-49% * 2,900 7,600 19,700
50-84% 2,100 6,700 19,700 >19,700
85-100% 9,300 19,700 >19,700 **
PEDESTRIAN MODE2
(Multiply motorized vehicle volumes shown below by number of
directional roadway lanes to determine two-way maximum service
volumes.)
Sidewalk Coverage B C D E
0-49% * * 2,800 9,500
50-84% * 1,600 8,700 15,800
85-100% 3,800 10,700 17,400 >19,700
BUS MODE (Scheduled Fixed Route)3
(Buses in peak hour in peak direction)
Sidewalk Coverage B C D E
0-84% > 5 ≥ 4 ≥ 3 ≥ 2
85-100% > 4 ≥ 3 ≥ 2 ≥ 1
1Values shown are presented as two-way annual average daily volumes for levels of
service and are for the automobile/truck modes unless specifically stated. This table
does not constitute a standard and should be used only for general planning
applications. The computer models from which this table is derived should be used for
more specific planning applications. The table and deriving computer models should
not be used for corridor or intersection design, where more refined techniques exist.
Calculations are based on planning applications of the Highway Capacity Manual and
the Transit Capacity and Quality of Service Manual.
2 Level of service for the bicycle and pedestrian modes in this table is based on number
of motorized vehicles, not number of bicyclists or pedestrians using the facility.
3 Buses per hour shown are only for the peak hour in the single direction of the higher traffic flow.
* Cannot be achieved using table input value defaults.
** Not applicable for that level of service letter grade. For the automobile mode,
volumes greater than level of service D become F because intersection capacities have
been reached. For the bicycle mode, the level of service letter grade (including F) is not
achievable because there is no maximum vehicle volume threshold using table input
value defaults.
Source:
Florida Department of Transportation
Systems Planning Office www.dot.state.fl.us/planning/systems/sm/los/default.shtm
4.A.c
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Revised: 08/29/2015
Memorandum
☒ Fort Lauderdale Office ∙ 1800 Eller Drive ∙ Suite 600 ∙ Fort Lauderdale, FL 33316 ∙ 954.921.7781(p) ∙ 954.921.8807(f)
☐ West Palm Beach Office ∙ 560 Village Boulevard ∙ Suite 340 ∙ West Palm Beach, FL 33409 ∙ 561.684.6161(p) ∙ 561.684.6360(f)
The requirements for a corridor/feasibility study as defined by FDOT include the following elements;
1. Problems and Need‐ Defining the key issues and opportunities
Existing Conditions and Needs‐ Conduct technical analysis & data collection of existing conditions, including gathering
relevant work performed in previous studies.
Future Conditions and Needs‐ Develop future conditions based on various forecasted traffic and land use projections.
2. Alternative Options‐ Understanding and defining a range of options ‐ including land use solutions
Identify range of alternative options
3. Evaluation‐ Comparing and initial screening of the proposed alternative options
Identify criteria to evaluate and compare alternative options on a system level and alternative options performance
Narrowing alternative options down to which alternatives should be considered/compared in Project Development &
Environment (PD&E)
Cost‐Benefit Analysis
4. Documentation
Findings
Recommendations‐ Short Term, Mid‐Term and Long Term
5. Coordination and Outreach
The requirements for a new interchange is defined by FDOT/FL Turnpike and include the following elements as part of an Interchange
Access Request (IAR). The IAR is required to demonstrate the project is needed and is viable based on traffic, engineering, financial and
other criteria.
1. Executive summary (FHWA’s eight policy points)‐ Need to address these points
2. Purpose and need
3. Methodology
4. Existing conditions
Baseline operational characteristics
Environment and Cultural Impacts
Navigable waterways,
Wetlands
Public lands
Contaminated sites
Noise‐sensitive sites
Historical or archaeological sites
Threatened and endangered species
Date: 11/09/2017
To: Bonnie Landry, AICP, Planning Manager
From: Eric S. Czerniejewski, P.E., Director of Traffic Engineering, Calvin, Giordano and Associates, Inc.
Subject: Northern/Airport Connector from FL Turnpike to Kings Highway (St. Lucie County)
Project: Corridor Study/Feasibility Study Requirements
CC: Leslie Olson, AICP, Director
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Memorandum
Contamination
Air quality
Section 4 (f) lands
Impacts to neighborhoods or any other environmental or cultural factors
5. Future conditions
Travel Demand Forecasts
6. Alternatives analysis
System and operational performance
Safety
Environmental impacts
7. Funding plan and schedule
8. Recommendation
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W-2
W-3
STATE OF FLORIDA CERTIFICATION No. LB 4286
LEGAL DESCRIPTION:
A PORTION OF SECTION 28, TOWNSHIP 34 SOUTH, RANGE 39 EAST, AND A PORTION OF SECTION 33,
TOWNSHIP 34 SOUTH, RANGE 39 EAST, SAID LANDS SITUATE AND BEING IN ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
EXHIBIT "A"
PARCEL 1:
THAT PART OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LYING WESTERLY OF THE RIGHT OF WAY FOR
INTERSTATE 95, AND THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 28, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LYING WESTERLY OF THE
RIGHT OF WAY FOR INTERSTATE 95, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPTING THEREFROM THE NORTH 200 FEET OF THAT PART
THEREOF SITUATE AND BEING WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 28 LYING WESTERLY OF THE RIGHT OF
WAY FOR INTERSTATE 95.
TOGETHER WITH AND SUBJECT TO THOSE CERTAIN EASEMENTS CONTAINED IN THE FOLLOWING:
A) THAT CERTAIN WARRANTY DEED GIVEN BY ST. LUCIE GROVES INVESTMENTS, LTD. TO EDGAR A. BROWN, AS TRUSTEE, DATED JANUARY 18,
1993 AND RECORDED IN OFFICIAL RECORDS BOOK 824, PAGE 2323, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
B) THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS MADE BY EDGAR A. BROWN, INDIVIDUALLY AND AS TRUSTEE, AS DECLARANT,
DATED MARCH 26, 1993 AND RECORDED IN OFFICIAL RECORDS BOOK 834, PAGE 2383, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
PARCEL 2:
THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA.
PARCEL 3:
THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY,
FLORIDA.
PARCEL 4:
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY,
FLORIDA.
PARCEL 5:
THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 34 SOUTH, RANGE 39 EAST AND THAT PART OF THE SOUTHEAST 1/4 OF
SECTION 28, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LYING WESTERLY OF THE RIGHT-OF-WAY FOR INTERSTATE 95, ST. LUCIE COUNTY, FLORIDA.
TOGETHER WITH AND SUBJECT TO THOSE CERTAIN EASEMENTS CONTAINED IN THE FOLLOWING:
A) THAT CERTAIN WARRANTY DEED GIVEN BY ST. LUCIE GROVES INVESTMENTS, LTD. TO EDGAR A. BROWN, AS TRUSTEE, DATED JANUARY 18,
1993 AND RECORDED IN OFFICIAL RECORDS BOOK 824, PAGE 2323, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
B) THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS MADE BY EDGAR A. BROWN, INDIVIDUALLY AND AS TRUSTEE, AS DECLARANT,
DATED MARCH 26, 1993 AND RECORDED IN OFFICIAL RECORDS BOOK 834, PAGE 2383, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
PARCEL 6:
THE NORTH 1/2 OF SECTION 33, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LYING WEST OF I-95, EXCEPTING THEREFROM, HOWEVER, THE SOUTH 75
FEET THEREOF, ALSO LESS AND EXCEPT PROPOSED ST. LUCIE BLVD., AS DESCRIBED IN OFFICIAL RECORDS BOOK 710, PAGE 2734, OF THE
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
SAID LANDS CONTAINING 23,480,706.67 SQUARE FEET OR 539.04 ACRES.
4.A.h
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4.A.h
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4.A.h
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4.A.h
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4.A.h
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4.A.h
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STATE OF FLORIDA CERTIFICATION No. LB 4286
4.A.h
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4.A.h
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4.A.h
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_______________________________
File No.: CU 520175136 Resolution 2017-XXX
November 16, 2017
Page 1
Resolution 2017- XXX
File No.: CU 520175136
A RESOLUTION GRANTING CONDITIONAL USE PERMIT
APPROVAL TO ALLOW FOR THE CONSTRUCTION AND
OPERATION OF A 74.5 MW PHOTOVOLTAIC SOLAR
CENTER IN THE AG-1, (AGRICULTURAL – 1) ZONING
DISTRICT FOR CERTAIN PROPERTY LOCATED IN ST.
LUCIE COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
the testimony and evidence, including but not limited to findings in the staff report, has
made the following determinations:
1. Florida Power and Light Company, presented a petition for a Conditional Use
Permit to allow for the construction and operation of a 74.5 MW Photovoltaic
Solar Center in the AG-1 (Agricultural – 1) Zoning District for the property
depicted on the attached map in Exhibit “A” and described in Part B below.
2. On October 19, 2017, the Planning and Zoning Commission at the request of the
applicant, continued the public hearing on the petition to November 16, 2017,
after publishing notice at least 10 days prior to the hearing and notifying by mail
all owners of property within 500 feet of the subject property,
3. On November 16, 2017, the St. Lucie County Planning and Zoning Commission
resumed the public hearing on the petition, and recommended that the Board of
County Commissioners approve/deny the hereinafter described Conditional Use
Permit in the AG-1 (Agricultural – 1) Zoning District for the property described in
Part B.
4. On December 5, 2017, this Board held a public hearing on the petition, after
publishing a notice of such hearing and notifying by mail all owners of property
within 500 feet of the subject property.
5. The Conditional Use Permit, with the conditions therein, is consistent with the
goals, objectives and policies of the St. Lucie County Comprehensive Plan and
has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land
Development Code.
6. With conditions therein, the project will not have an undue adverse effect on
adjacent property, the character of the neighborhood, traffic conditions, parking,
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_______________________________
File No.: CU 520175136 Resolution 2017-XXX
November 16, 2017
Page 2
utility facilities, or other matters affecting the public health, safety and general
welfare.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a
Conditional Use Permit that allows for the construction and operation of a 74.5
MW Photovoltaic Solar Center on the property described below is hereby
approved subject to the following conditions:
Planning and Development Services, Planning Division
1. The conditional use improvements and operational areas shall be
consistent with Resolution No. 17-XXX authorizing Major Site Plan
approval on the drawings prepared by Culpepper and Terpening, Inc. date
stamped received by the St. Lucie County Planning Division on ____,
2017. Adjustments to the site plan or conditional use permit may be made
consistent with the St. Lucie County Land Development Code.
2. On-site construction activities and/or repairs to the solar energy facility
shall be restricted to the hours of 7:00 a.m. to 6:00 p.m. on weekdays and
8:00 a.m. to 5:00 p.m. on Saturday.
3. Footcandle readings for all exterior lighting associated with normal
operations of the solar center shall be zero (0) at adjacent property lines.
Repairs and maintenance of solar center equipment shall be exempt from
this provision.
4. If the use is not operated for a continuous period of 12 months, it shall be
considered abandoned, and the owner of such solar equipment shall
remove the same within 180 days of receipt of notice from the County
notifying the owner of such abandonment. Failure to remove the
abandoned equipment shall be grounds for the County to remove the
equipment at the expense of the owner.
5. The owner at all times shall comply with the St. Lucie County Code of
Ordinances, Section 28-107 through 28-112, as amended regulating
noise.
Environmental Resources Department
6. The applicant shall agree to alternative tree mitigation in a method
accepted and approved by the Board of County Commissioners.
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_______________________________
File No.: CU 520175136 Resolution 2017-XXX
November 16, 2017
Page 3
7. The issuance of County development permit does not in any way create
any rights on the part of the applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the County if
the applicant fails to obtain requisite approvals or fulfill the obligations
imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law.
8. All other applicable state or federal permits must be obtained before
commencement of the development.
B. The subject property is described as follows:
Parcel 1
That part of the Northeast 1/4 of Section 28, Township 34 South, Range 39 East,
lying Westerly of the Right of Way for Interstate 95, AND the South of the
Northwest ¼ of Section 28, Township 34 South, Range 39 East, lying Westerly of
the Right of Way for Interstate 95, St. Lucie County, Florida, less and excepting
therefrom the North 200 feet of that part thereof situate and being within the
Southeast 1/4 of the Northwest ¼ of said Section 28 lying Westerly of the Right
of Way for Interstate 95.
Together with and subject to those certain easements contained in the following:
a. That certain Warranty Deed given by St. Lucie Groves Investments, ltd. to
Edgar A. Brown, as Trustee dated January 18, 1993 and recorded in
Official Records Book 824, Page 2323, of the Public Records of St. Lucie
County, Florida.
b. That certain Declaration of Easements and Covenants made by Edgar A.
Brown, individually and as Trustee, as Declarant dated March 26, 1993
and recorded In Official Records Book 834, Page 2383, of the Public
Records of St. Lucie County, Florida.
Parcel 2
The West ½ of the Southwest 1/4 of Section 28, Township 34 South, Range 39
East, St. Lucie County, Florida.
Parcel 3
The West ½ of the Northeast 1/4 of the Southwest 1/4 of Section 28, Township
34 South, Range 39 East, St. Lucie County, Florida.
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_______________________________
File No.: CU 520175136 Resolution 2017-XXX
November 16, 2017
Page 4
Parcel 4
The East of the Northeast 1/4 of the Southwest 1/4 of Section 28, Township 34
South. Range 39 East, St. Lucie County, Florida.
Parcel 5
The Southeast 1/4 of the Southwest 1/4 of Section 28, Township 34 South,
Range 39 East AND that part of the Southeast 1/4 of Section 28, Township 34
South, Range 39 East, lying Westerly of the right-of-way for Interstate 95, St.
Lucie County, Florida.
Together with and subject to those certain easements contained in the following:
a. That certain Warranty Deed given by St. Lucie Groves Investments, Ltd. to
Edgar A. Brown, as Trustee, dated January 18, 1993 and recorded In
Official Records Book 824, Page 2323, of the Public Records of St. Lucie
County, Florida.
b. That certain Declaration of Easements and Covenants made by Edgar A.
Brown, individually and as Trustee, as Declarant, dated March 26, 1993
and recorded in Official Records Book 834, Page 2383, of the Public
Records of St. Lucie County, Florida.
Parcel 6
The North ½ of Section 33, Township 34 South, Range 39 East lying West of 1-
95,excepting therefrom, however, the South 75 feet thereof, also Less and
Except Proposed St. Lucie Blvd. as described in Official Records Book 710,
Page 2734, of the Public Records of St. Lucie County, Florida.
Parcel Identification Numbers:
1328-231-0001-000-7 1328-311-0001-000-2
1328-321-0001-000-3 1333-112-0010-000-3
1328-312-0001-000-5 1328-341-0001-000-5
C. The approvals and authorizations granted by this Resolution are for the purpose
of obtaining a Building Permit or Zoning Compliance from St. Lucie County, and
are not assigned to any other party or institution. Should the petitioners choose
or decide to assign this business to another entity or individual, a minor
adjustment to the Conditional Use Permit shall be required.
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_______________________________
File No.: CU 520175136 Resolution 2017-XXX
November 16, 2017
Page 5
D. The approvals and authorizations granted by this Resolution shall expire on
November 7, 2018, unless a Building Permit or Certificate of Zoning Compliance
for is obtained for the uses described in Part A above, or an extension has been
granted in accordance with Section 11.07.05(F), St. Lucie County Land
Development Code.
After motion and second, the vote on this resolution was as follows:
Chairman Chris Dzadovsky XXX
Vice-Chairman Tod Mowery XXX
Commissioner Frannie Hutchinson XXX
Commissioner Linda Bartz XXX
Commissioner Cathy Townsend XXX
PASSED AND DULY ADOPTED this 5th day of December, 2017.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOIRDA
BY
Chairman
ATTEST: APPROVED AS TO FORM
AND CORRECTNESS:
______________ _____________________
DEPUTY CLERK COUNTY ATTORNEY
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_______________________________
File No.: CU 520175136 Resolution 2017-XXX
November 16, 2017
Page 6
Exhibit A
Location Map
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Suggested motion to recommend approval/denial of this requested conditional use.
MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC
HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS
SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT
CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION
RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPT A RESOLUTION GRANTING APPROVAL TO THE
PETITION OF FPL FOR A CONDITIONAL USE PERMIT FOR A SOLAR GENERATION
STATION WITHIN THE AG-1 ZONING DISTRICT SUBJECT TO THE FOLLOWING
CONDITIONS, BECAUSE... [CITE REASONS]
Planning and Development Services, Planning Division
1. The conditional use improvements and operational areas shall be consistent with
Resolution No. 17-XXX authorizing Major Site Plan approval on the drawings prepared by
Culpepper and Terpening, Inc. date stamped received by the St. Lucie County Planning
Division on ____, 2017. Adjustments to the site plan or conditional use permit may be
made consistent with the St. Lucie County Land Development Code.
2. On-site construction activities and/or repairs to the solar energy facility shall be restricted
to the hours of 7:00 a.m. to 6:00 p.m. on weekdays and 8:00 a.m. to 5:00 p.m. on
Saturday.
3. Footcandle readings for all exterior lighting associated with normal operations of the solar
center shall be zero (0) at adjacent property lines. Repairs and maintenance of solar
center equipment shall be exempt from this provision.
4. If the use is not operated for a continuous period of 12 months, it shall be considered
abandoned, and the owner of such solar equipment shall remove the same within 180
days of receipt of notice from the County notifying the owner of such abandonment.
Failure to remove the abandoned equipment shall be grounds for the County to remove
the equipment at the expense of the owner.
5. The owner at all times shall comply with the St. Lucie County Code of Ordinances, Section
28-107 through 28-112, as amended regulating noise.
Environmental Resources Department
6. The applicant shall agree to alternative tree mitigation in a method accepted and
approved by the Board of County Commissioners.
7. The issuance of County development permit does not in any way create any rights on the
part of the applicant to obtain a permit from a state or federal agency and does not create
any liability on the part of the County if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result
in a violation of state or federal law.
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8. All other applicable state or federal permits must be obtained before commencement of
the development.
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC
HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS
SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT
CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION
RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPT A RESOLUTION DENYING THE PETITION OF FPL FOR
A CONDITIONAL USE PERMIT FOR A SOLAR GENERATION STATION WITHIN THE
AG-1, ZONING DISTRICT, BECAUSE... [CITE REASON(S) WHY - PLEASE BE
SPECIFIC]
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LDC, SECTION 3.01.03
AG-1 ZONING DISTRICT
1. Purpose. The purpose of this district is to provide and protect an environment
suitable for productive commercial agriculture, together with such other uses
as may be necessary to and compatible with productive agricultural
surroundings. Residential densities are restricted to a maximum of one (1)
dwelling unit per gross acre. The number in "( )" following each identified use
corresponds to the SIC Code reference described in Section 3.01.02(B). The
number 999 applies to a use not defined under the SIC Code but may be further
defined in Section 2.00.00 of this Code.
2. Permitted Uses.
a. Agricultural production - crops. (01)
b. Agricultural production - livestock and animal specialties. (02)
c. Agricultural services. (07)
d. Family day care homes. (999)
e. Family residential homes provided that such homes shall not be located
within a radius of one thousand (1,000) feet of another existing such
family residential home and provided that the sponsoring agency or
Department of Health and Rehabilitative Services (HRS) notifies the
Board of County Commissioners at the time of home occupancy that
the home is licensed by HRS. (999)
f. Fishing, hunting and trapping. (09)
g. Forestry. (08)
h. Kennels. (0752)
i. Research facilities, non-commercial. (8733)
j. Riding stables. (7999)
k. Single-family detached dwellings. (999)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Table
1 in Section 7.04.00.
4. Dimensional Regulations. Dimensional requirements shall be in accordance
with Table 1 in Section 7.04.00.
5. Off-Street Parking and Loading Requirements. Off-street parking and loading
requirements are subject to Section 7.06.00.
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6. Landscaping Requirements. Landscaping requirements are subject to Section
7.09.00.
7. Conditional Uses.
a. Agricultural labor housing. (999)
b. Aircraft storage and equipment maintenance. (4581)
c. Airports and flying, landing, and takeoff fields. (4581)
d. Family residential homes located within a radius of one thousand
(1,000) feet of another such family residential home. (999)
e. Farm products warehousing and storage. (4221/4222)
f. Gasoline service stations. (5541)
g. Industrial wastewater disposal. (999)
h. Manufacturing:
(1) Agricultural chemicals. (287)
(2) Food and kindred products. (20)
(3) Lumber and wood products, except furniture. (24)
i. Mining and quarrying of nonmetallic minerals, except fuels. (14)
j. Retail trade:
(1) Farm equipment and related accessories. (999)
(2) Apparel and accessory stores. (56)
k. Sewage disposal subject to the requirements of Section 7.10.13. (999)
l. Telecommunication towers - subject to the standards of Section
7.10.23. (999)
m. Camps - sporting and recreational. (7032)
n. Solar generation station subject to the requirements of Section 7.10.28.
(999)
8. Accessory Uses. Accessory uses are subject to the requirements of Section
8.00.00, and include the following:
a. Mobile homes subject to the requirements of Section 7.10.05.
b. Retail trade and wholesale trade - subordinate to the primary
authorized use or activity.
c. Guest house subject to the requirements of Section 7.10.04. (999)
d. Solar energy system subject to the requirements of Section 7.10.28.
(999)
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LDC, SECTION 7.10.28
SOLAR ENERGY
The following provisions are intended to facilitate the commercial generation and distribution
of solar power and the use of on-site solar energy systems to meet the energy demands of
buildings and support facilities in the unincorporated County. All Solar equipment and devices
shall comply with Florida Statutes and shall be certificated by the Florida Solar Energy
Commission.
A. Solar Generation Station. In addition to other applicable sections of this Code, a solar
generation station shall be subject to the following provisions:
1. Solar generation stations shall require submittal of a Major Site Plan
application concurrent with a Conditional Use Permit, when required. The
development shall be subject to the following supplemental criteria:
a. Physical access to a solar generation station shall be restricted by fencing
or walls. Razor wire is prohibited. All fencing and wall details shall be
provided for review and approval as part of the required site plan.
b. The devices that capture energy and convert it to electricity shall not be
placed in wetlands, environmentally sensitive resources or habitats,
imperiled and critically imperiled habitats as defined by the Florida
Natural Areas Inventory, and buffers. Any environmental impacts from
such devices, or any component of a solar generation station, shall only
be allowed in compliance with the provisions of the County's
Comprehensive Plan and Land Development Code.
c. All devices that capture and convert energy to electricity shall be located
at least fifty (50) feet from any lot line under separate ownership, unless
otherwise approved by the Board of County Commissioners.
d. The maximum lot coverage by structures, including solar ground or
pole mounted panels, for the zoning district may be waived by the
Board of County Commissioners. The approved maximum lot coverage
shall be shown on the site plan and specified in the resolution
approving the development.
e. All solar generation station sites must comply with the landscaping and
screening requirements of the Land Development Code. The perimeter
buffer landscaping requirements may be waived by the Board of County
Commissioners, if it is shown to the satisfaction of the Commission that
the adjoining property owners have no objection to the landscaping
waiver. Interior vehicular use area landscaping requirements may be
waived by the Commission, to the extent necessary to ensure optimal
solar access. The Board of County Commissioners may require
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additional landscaping to enhance compatibility with adjacent land
uses.
f. On-site power lines shall be placed underground to the maximum
extent possible.
B. Solar Energy System. In addition to other applicable sections of this Code, a solar
energy system shall be subject to the following provisions:
1. All solar panels and devices are considered structures and subject to the
requirements for such, together with all other applicable building codes and
ordinances, unless otherwise provided for in this Code. Solar panels installed on
roofs are exempt from the building height requirements. Solar panels installed
on rooftops shall be located two (2) feet from the roof edge.
2. Non-roof installed solar energy devices integrated into the architecture of the
building, such as the walls of the building, shall be no greater than ten (10)
feet above the maximum height requirements of the zoning district.
3. Ground or pole mounted systems shall be limited to a height of ten (10) feet
above the base floor elevation of the primary structure.
4. Solar energy systems shall not be located in front or side corner yards of any
parcel, unless the following are met: 1) the conditions of the side and back
yards prohibit the installation of a system, and 2) the lot is one (1) acre or
greater, and 3) adequate buffering along the adjacent roadway is provided,
and 4) the location is approved by the Director of Planning and Development
Services.
5. Solar ground and pole mounted systems less than six (6) feet in height may
encroach into the side and rear setback area, but in no case shall the system
be located closer than five (5) feet from the property line. Where the system is
higher than six (6) feet in height the setback requirements of the zoning district
shall apply.
6. Solar collectors may be co-located on communication towers, and parking lot
and street light poles, in which case the height and setback requirements for
said tower/pole shall apply.
7. All new exterior electrical lines and utility wires connecting a ground or pole
mounted solar system to the building it serves shall be buried underground.
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8. The Board of County Commissioners may allow for a modification of these
accessory use provisions when the proposed solar energy system will serve
buildings within a planned development project. The modifications shall be
identified on the site plan graphics and within the resolution granting approval
to the planned development.
9. Waiver. In the event any of the provisions in this Section have the effect of
prohibiting the installation of a solar energy system, the applicant shall have
the right to apply for a waiver from these provisions to the Director of Planning
and Development Services or designee. The Director may grant a waiver upon
determining that strict application of the Code would result in prohibiting the
installation of a solar energy system.
10. Landscape Waiver. The Environmental Resources Director may waive the
landscaping requirements of the Land Development Code to the extent
necessary to ensure optimal solar access.
11. Any approval of a solar energy system does not create any actual or inferred
solar energy system easement against adjacent property and/or structures.
The owner and/or property owner of a solar energy system shall not infer or
claim any rights to protective writs to any caused shadows or operating
ineffectiveness against future development adjacent to or higher than the
property location of the solar energy system. The approval of any solar energy
system granted by St. Lucie County shall not create any future liability or infer
any vested rights to the owner and/or property owner of the solar energy
system on the part of the County for any future claims against said issuance of
approval of the solar energy system that result from reliance on this section or
any administrative decision lawfully made thereunder.
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Environmental resources
FINAL REPORT
TO: Jeff Johnson, Planning & Development Services Department
THROUGH: Ben Balcer, Environmental Regulations Manager
Amy Griffin, Environmental Resources Director
FROM: Jennifer McGee, Senior Environmental Planner
DATE: July 31, 2017
SUBJECT: FPL Interstate Solar Energy Facility
CU 520175136
Background
The Environmental Resources Department (ERD) has completed a review of the July 28, 2017 electronic
resubmittal. The applicant is requesting approval of a conditional use to construct a 74.5 MW Photovoltaic
Solar Center in central St. Lucie County. A concurrent Major Site Plan application is currently under review for
the proposed project as well.
This facility will have the capacity to serve approximately 15,000 homes with clean renewable energy. The
approximately 540-acre site is located off Aico Road, just west of Interstate I-95 and north of C-25 (Belcher)
canal. The site currently consists of 117.6-acres of improved pasture (actively grazed), 29.1-acres of unimproved
pasture (natural grasslands with herbaceous groundcover such as saw palmetto, wax myrtle, and widely scattered
oak, slash pine and cabbage palm), 240.2-acres of pine flatwoods, 105.7-acres of previous horticultural
production (currently utilized as grazing), 19.1-acres of man-made ditches, 8.0-acres of man-made reservoirs,
0.4-acres of mixed forested wetlands, 12.3-acres of freshwater marshes, and 6.63-acres of existing roads.
Findings
Environmental impacts for this Conditional Use are being addressed through the Major Site Plan process, which
is currently under review by staff. The Major Site Plan application will address avoidance and minimization,
tree preservation and mitigation, landscaping and impacts to wetlands as required by the Land Development
Code.
Recommendation
ERD supports approval of the proposed Conditional Use with conditions as detailed below.
Conditions of Approval
1) The concurrent Major Site Plan application shall be reviewed and approved by the Environmental
Resources Department prior to Board of County Commissioners approval of this Conditional Use.
2) The issuance of County development permit does not in any way create any rights on the part of the
applicant to obtain a permit from a state or federal agency and does not create any liability on the part of
the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state
or federal agency or undertakes actions that result in a violation of state or federal law.
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3) All other applicable state or federal permits must be obtained before commencement of the development.
Please contact Jennifer McGee at 772-462-3862 if you have any questions.
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This instrument prepared by or under the supervision of
(and after recording should be returned to):
Seth S. Sheitelman, Esq.
Florida Power Light Company (LAW /18)
700 Universe Boulevard
Juno Beach, Florida 33408
Parcell.D. Nos.: 1328-231-0001-000-7;
1328-31 1-0001-000-2; 1328-321-0001-000-3;
1333-112-0010-000-3; 1328-132-0025-000-7;
1328-312-0001-000-5; and 1328-341-0001-000-5
Of lHE CIRCUll COURT lH CLERK JOSEPH e. SM! 'NlY
SAINl LUCIE CO~I2612016 10:37:27 AM l' pe'DEED
FILE # 4224153 PAGE 2715 _ 2771 Ooc V .
RSOOK3905
~ECORDING: $27.00
()oc Tax: $0.70
(Space Reserved for Clerk of Court)
NOTE TO CLERK: TillS IS A CONVEYANCE OF UNENCUMBERED REAL PROPERTY FROM THE
GRANTOR TO AN ENTITY THAT WHOLLY OWNS GRANTOR. ACCORDINGLY, PURSUANT TO
THE FLORIDA SUPREME COURT'S RULING IN CRESCENT MIAMI CENTER, LLC V. FLORIDA
DEPARTMENT OF REVENUE, AS CONFIRMED BY SECTION 201.0201, FLORIDA STATUTES,
MINIMUM DOCUMENTARY STAMP TAXES ARE BEING PAID IN CONNECTION HEREWITH.
SPECIAL WARRANTY DEED
TIDS SPECIAL WARRANTY DEED is made and entered into as of the lSd, day of August,
2016 by Gray Sky Investments, LLC, a Delaware limited liability company ("Grantor"), whose mailing
address is c/o Chicago Title Insurance Agency, Inc., 3067 East Commercial Boulevard, Fort Lauderdale,
Florida 3330S, to Florida Power & Light Company, a Florida corporation ("Grantee"), whose mailing
address is 700 Universe Boulevard, Juno Beach, Florida 3340S. Wherever used herein, the terms
"Grantor" and "Grantee" shall include all of the parties to this instrument and their heirs, personal
representatives, and assigns.
WIT NE S SETH:
GRANTOR, for and in consideration of Ten and No/IOO Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted,
bargained and sold, and by these presents does hereby grant, bargain and sell to Grantee and Grantee's
successors andlor assigns forever, the following described land situate and being in St. Lucie County,
Florida ("Property"), to wit:
SEE ATTACHED EXIllBIT "A".
TOGETHER WITH all the tenements, hereditaments and appmtenances thereunto belonging or
in anywise appmtaining.
TIDS CONVEYANCE is subject to: (a) taxes and assessments for the year of closing and
subsequent years which are not yet due and payable; (b) zoning, restrictions, prohibitions and other
requirements imposed by governmental authority, (c) restrictions and matters appearing on the plat or
otherwise common to the subdivision, and (d) all covenants, conditions, restrictions, rights of way,
limitations, easements and similar matters of record, if any, but this reference shall not operate to
reimpose same.
TO HAVE and to hold the same in fee simple forever.
GRANTOR hereby covenants with Grantee that it is lawfully seized of the Property in fee
simple, that it has good right and lawful authority to sell and convey the Property, that it hereby fully
warrants the title to the Property and will defend the same against the lawful claims of all persons
claiming by, through or under Grantor, but no otllers.
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IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal as of the day and
year first above written.
Signed, sealed and delivered
in the presence of:
Sign:~ Print:~
Sign:~~
Print:' t:Jd rM D i9-&"e,e,J '-J'
STATE OF DELAWARE
COUNTYOF N£iAJ f.ftsrLi!
)
) SS:
)
Grantor:
GRAY SKY INVESTMENTS, LLC,
a Delaware limited liability company
By:~!7{~
N;lme: Barbara Morris
Title: President
The foregoing instrument was acknowledged before me this ht1iiy of August, 2016, by
Barbara Morris, as 'President of Gray Sky Investments, LLC, a Delaware limited liability company,
.... oIi'behalf of the company.
'-, " ,
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EXIDBITA
Legal Description
PARCEL 1:
That part of the Northeast Y. of Section 28, Township 34 South, Range 39 East, lying Westerly of the Right of Way
for Interstate 95, AND the South Y, of the Northwest Y. of Section 28, Township 34 South, Range 39 East, lying
Westerly of the Hight of Way for Interstate 95, St. Lucie County, Florida, LESS AND EXCEPTING THEREFROM the
North 200 feet of that part thereof situate and being within the Southeast Y. of the Northwest Y. of said Seclion 28
lying Westerly of the Hight of Way for Interstate 95.
TOGETHER WITH AND SUBJECT TO those certain easements contained in the following:
(a) That certain Warranty Deed given by SI. Lucie Groves Investments, Ltd. to Edgar A. Brown, as Trustee, dated
January 18, 1993 and recorded in Official Records Book 824, Page 2323, of the Public Records of SI. Lucie County,
Florida.
(b) That certain Declaration of Easements and Covenants made by Edgar A. Brovm, individually and as Trustee, as
Declarant, dated March 26, 1993 and recorded in Official Records Book 834, Page 2383, of the Public Records of
SI. Lucio County, Florid~.
PARCEL 2:
The West Y, of the Southwest Y. of Section 28, Township 34 South, Range 39 East, SI. Lucie County, Florida.
PARCEL 3:
The West Y, of llie Northeast Y. of the Southwest Y. of Section 28, Township 34 South, Range 39 East, SI. Lucie
County, Florida.
PARCEL 4:
The East Y, of the Northeast Y. of the Southwest Y. of Section 28, Township 34 South, Range 39 East, SI. Lucie
County, Florida.
PARCEL 5:
The Southeast Y. of the Southwest Y. of Section 28, Township 34 South, Range 39 East AND that part of the
Southeast Y. of Section 28, Township 34 South, Range 39 East, lying Westerly of Ule right-of-way for Interstate 95,
SI. Lucie County, Florida.
TOGETHER WITH AND SUBJECT TO those certal'l easements contained in the following:
(a) That certain Warranty Deed given by SI. Lucie Groves Investments, Ltd. to Edgar A. Brown, as Trustee, dated
January 18,1993 and recorded In Official Records Book 824, Page 2323, of the PubliC Records of St. Lucie County,
Florida.
(b) That certain Declaration of Easements and Covenants made by Edgar A. Brown, individually and as Trustee, as
Declarant, dated March 26, 1993 and recorded in Official Records Book 834, Page 2383, of the Public Records of
SI. Lucie County, Florida.
PARCEL 6:
The North Y, of Section 33, Township 34 South, Range 39 East, lying West of 1-95, excepting therefrom, however,
the South 75 feet thereof, also Less and Except Proposed SI. Lucie Blvd., as described in OffiCial Records Book
710, Page 2734, of the Public Records of SI. Lucie County, Florida.
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ITEM NO. (ID # 4726)
DATE: 11/16/2017
AGENDA REQUEST *PUBLIC HEARINGS
BACKGROUND:
The Florida Right to Medical Marijuana Initiative, Amendment 2 was on the November 4, 2014
ballot in the State of Florida as a constitutional amendment. On May 16, 2017, the Board of County
Commissioners approved Ordinance No. 17-005 which allowed medical marijuana dispensaries as a
permitted use in CG, commercial general zoning district and created supplemental standards. During the
June 2017 special session the Florida Legislature enrolled Senate Bill 8-A regulating medical marijuana.
Section 381.986 (11) Florida Statutes provides, “Regulation of cultivation, processing, and delivery of
marijuana by medical marijuana treatment centers is preempted to the state except as provided in this
subsection...", Subsection (11)2.(c) provides, "a county or municipality may not enact ordinances for
permitting or for determining the location of dispensing facilities which are more restrictive than its
ordinances permitting or determining the locations for pharmacies licensed under chapter 465." Under
current state law, a county may either (1) ban medical marijuana treatment center dispensing facilities
from being located within the boundaries of that county or (2) allow those facilities under the same
regulations as apply to licensed pharmacies. Attached is a chart showing what action has been taken by
the surrounding local government. The proposed ordinance attached to this memorandum repeals
Ordinance No. 17-005 and provides for the same location criteria as apply to licensed pharmacies.
Attached is a GIS map showing all permitted locations for pharmacies.
PREVIOUS ACTION:
On October 17, 2017, the Board of County Commissioners authorized permission to advertise a proposed
ordinance regulating zoning districts for medical marijuana dispensaries for public hearing before the
Local Planning Agency and two (2) public hearings before the Board of County Commissioners.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Local Planning Agency forward the draft ordinance to the Board of County
Commissioners with a recommendation of approval.
TO: St. Lucie County Planning & Zoning Commission
PRESENTED BY: Katherine Barbieri, Asst. County Attorney
SUBMITTED BY: County Attorney
SUBJECT: Ordinance 17-XXX for Medical Marijuana Dispensaries
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Updated: 11/9/2017 4:17 PM by Heather Young Page 2
COMMISSION ACTION:
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PROOF O.K.BY:__________________________________________________O.K.WITH CORRECTIONS BY:_________________________________________
PLEASE READ CAREFULLY •SUBMIT CORRECTIONS ONLINE
TR-1777558.INDD
ADVERTISER:ST LUCIE COUNTYATTORNEY PROOF CREATEDAT:10/3/2017 1:58 PM
SALES PERSON:Linda Klein PROOF DUE:-NEXT RUN DATE:10/20/17
PUBLICATION:TR-DAILY SIZE:2 col X 10 in
BEFORE THE LOCAL
PLANNING AGENCY
ST.LUCIE COUNTY,
FLORIDA
NOTICE OF INTENT
NOTICE IS HEREBY GIVEN that the Local Planning Agency of St.
Lucie County,Florida,will consider proposed County Ordinance No.
17-XXX which would amend the St.Lucie County Land Development
Code to addressmedical marijuana dispensaries;by amending section
3.01.03 zoning districts allowing low THC and medical marijuana
dispensaries as a permitted use in CG,commercial general zoning
districts and CN,commercial neighborhood.A public hearing will be
held before the St.Lucie County Local Planning Agency/Planning and
Zoning Commission on Thursday,the 16th day of November,2017,
at 6:00 p.m.,or as soon thereafter as the matter may be heard in
the St.Lucie County Commission Chambers at the St.Lucie County
Administration Building Annex,Third Floor,2300 Virginia Avenue,Fort
Pierce,Florida.Mattersaffecting your personalandproperty rights may
be heard and acted upon.
All interested persons willbe given anopportunitytobe heard.Written
comments received in advance of the public hearing will also be
considered.Written commentsto thePlanning andZoningCommission
should be received by the Planning and Development Services
Department -Planning Division at least 3 days prior to the scheduled
hearing.The petition file is available for review at the Planning and
Development Services Department –Planning Offices located at 2300
Virginia Avenue,2nd Floor,Fort Pierce,Florida,during regular business
hours.Please call (772)462-2822 or TDD (772)462-1428 ifyouhave any
questions or require additional information about this petition.
The St.Lucie County Planning and Zoning Commission/Local
Planning Agency has the power to review and recommend to the
St.Lucie County Board of County Commissioners,for approval or
disapproval,any applications within their area of responsibility.If
it becomes necessary,a public hearing may be continued to a date
certain.
The proceedings of the Local Planning Agency/Planning and Zoning
Commission are electronically recorded.PURSUANT TO SECTION
286.0105,FLORIDA STATUTES,if a person decides to appeal any
decision made by the Local Planning Agency/Planning and Zoning
Commission with respect to any matter considered at a meeting or
hearing,he or she will need a record of the proceedings.For such
purpose,he or she may need to ensure that a verbatim record of
the proceedings is made,which record includes the testimony and
evidence upon which the appeal is to be based.Upon the request of
any party to the proceeding,individuals testifying during a hearing will
be swornin.Any party to the proceeding will begranted anopportunity
to cross-examine any individual testifying during a hearing upon
request.If it becomes necessary,a public hearing may be continued
to a date certain.
The title of this Ordinance is:
ORDINANCE
AN ORDINANCE OF THE ST.LUCIE BOARD OF
COUNTY COMMISSIONERS AMENDING THE ST.
LUCIE COUNTY LAND DEVELOPMENT CODE TO
ADDRESS MEDICAL MARIJUANA DISPENSARIES;
BY AMENDING SECTION 3.01.03 ZONING DISTRICTS
ALLOWING LOW THC AND MEDICAL MARIJUANA
DISPENSARIES AS A PERMITTED USE IN CG,
COMMERCIAL GENERAL ZONING DISTRICTS AND
CN,COMMERCIAL NEIGHBORHOOD;PROVIDING
FOR CONFLICTING PROVISIONS,SEVERABILITY AND
APPLICABILITY;PROVIDING FOR FILING WITH THE
DEPARTMENT OF STATE;PROVIDING FOR ADOPTION
AND CODIFICATION AND AN EFFECTIVE DATE;
Anyone with a disability requiring accommodation to attend this
meeting should contact the St.Lucie County Risk Manager at least
forty-eight (48)hours prior to the meeting at (772)462-1546 or T.D.D.
(772)462-1428.
LOCAL PLANNING AGENCY/
PLANNING AND ZONING COMMISSION
ST.LUCIE COUNTY,FLORIDA
/S/WILLIAM O’DELL,CHAIRMAN
October 20,2017 ND-1777558
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CHAPTER 2017-232
Senate Bill No.8-A
An act relating to medical use of marijuana;providing legislative intent;
amending s.212.08,F.S.;providing an exemption from the state tax on
sales,use,and other transactions for marijuana and marijuana delivery
devices used for medical purposes;amending s.381.986,F.S.;providing,
revising,and deleting definitions;providing qualifying medical conditions
for a patient to be eligible to receive marijuana or a marijuana delivery
device;providing requirements for designating a qualified physician or
medical director;providing criteria for certification of a patient for medical
marijuana treatment by a qualified physician;providing for certain
patients registered with the medical marijuana use registry to be deemed
qualified;requiring the Department of Health to monitor physician
registration and certifications in the medical marijuana use registry;
requiring the Board of Medicine and the Board of Osteopathic Medicine to
create a physician certification pattern review panel;providing rulemak-
ing authority to the department and the boards;requiring the department
to establish a medical marijuana use registry;specifying entities and
persons who have access to the registry;providing requirements for
registration of,and maintenance of registered status by,qualified patients
and caregivers;providing criteria for nonresidents to prove residency for
registration as a qualified patient;defining the term “seasonal resident”;
authorizing the department to suspend or revoke the registration of a
patient or caregiver under certain circumstances;providing requirements
for the issuance of medical marijuana use registry identification cards;
requiring the department to issue licenses to a certain number of medical
marijuana treatment centers;providing for license renewal and revoca-
tion;providing conditions for change of ownership;providing for con-
tinuance of certain entities authorized to dispense low-THC cannabis,
medical cannabis,and cannabis delivery devices;requiring a medical
marijuana treatment center to comply with certain standards in the
production and distribution of edibles;requiring the department to
establish,maintain,and control a computer seed-to-sale marijuana
tracking system;requiring background screening of owners,officers,
board members,and managers of medical marijuana treatment centers;
requiring the department to establish protocols and procedures for
operation,conduct periodic inspections,and restrict location of medical
marijuana treatment centers;providing a limit on county and municipal
permit fees;authorizing counties and municipalities to determine the
location of medical marijuana treatment centers by ordinance under
certain conditions;providing penalties;authorizing the department to
impose sanctions on persons or entities engaging in unlicensed activities;
providing that a person is not exempt from prosecution for certain offenses
and is not relieved from certain requirements of law under certain
circumstances;providing for certain school personnel to possess marijua-
na pursuant to certain established policies and procedures;providing that
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certain research institutions may possess,test,transport,and dispose of
marijuana subject to certain conditions;providing applicability;amending
ss.458.331 and 459.015,F.S.;providing additional acts by a physician or
an osteopathic physician which constitute grounds for denial of a license or
disciplinary action to which penalties apply;creating s.381.988,F.S.;
providing for the establishment of medical marijuana testing laboratories;
requiring the Department of Health,in collaboration with the Department
of Agriculture and Consumer Services and the Department of Environ-
mental Protection,to develop certification standards and rules;providing
limitations on the acquisition and distribution of marijuana by a testing
laboratory;providing an exception for transfer of marijuana under certain
conditions;requiring a testing laboratory to use a department-selected
computer tracking system;providing grounds for disciplinary and
administrative action;authorizing the department to refuse to issue or
renew,or suspend or revoke,a testing laboratory license;creating s.
381.989,F.S.;defining terms;directing the department and the Depart-
ment of Highway Safety and Motor Vehicles to institute public education
campaigns relating to cannabis and marijuana and impaired driving;
requiring evaluations of public education campaigns;authorizing the
department and the Department of Highway Safety and Motor Vehicles to
contract with vendors to implement and evaluate the campaigns;amend-
ing ss.385.211,499.0295,and 893.02,F.S.;conforming provisions to
changes made by the act;creating s.1004.4351,F.S.;providing a short
title;providing legislative findings;defining terms;establishing the
Coalition for Medical Marijuana Research and Education within the H.
Lee Moffitt Cancer Center and Research Institute,Inc.;providing a
purpose for the coalition;establishing the Medical Marijuana Research
and Education Board to direct the operations of the coalition;providing for
the appointment of board members;providing for terms of office,
reimbursement for certain expenses,and meetings of the board;authoriz-
ing the board to appoint a coalition director;prescribing the duties of the
coalition director;requiring the board to advise specified entities and
officials regarding medical marijuana research and education in this
state;requiring the board to annually adopt a Medical Marijuana
Research and Education Plan;providing requirements for the plan;
requiring the board to issue an annual report to the Governor and the
Legislature by a specified date;requiring the Department of Health to
submit reports to the board containing specified data;specifying respon-
sibilities of the H.Lee Moffitt Cancer Center and Research Institute,Inc.;
amending s.1004.441,F.S.;revising definition;amending s.1006.062,
F.S.;requiring district school boards to adopt policies and procedures for
access to medical marijuana by qualified patients who are students;
providing emergency rulemaking authority;providing for venue for a
cause of action against the department;providing for defense against
certain causes of action;directing the Department of Law Enforcement to
develop training for law enforcement officers and agencies;amending s.
385.212,F.S.;renaming the department’s Office of Compassionate Use;
providing severability;providing a directive to the Division of Law
Ch.2017-232 LAWS OF FLORIDA Ch.2017-232
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Revision and Information;providing appropriations;providing an effec-
tive date.
Be It Enacted by the Legislature of the State of Florida:
Section 1.Legislative intent.—It is the intent of the Legislature to
implement s.29,Article X of the State Constitution by creating a unified
regulatory structure.If s.29,Article X of the State Constitution is amended
or a constitutional amendment related to cannabis or marijuana is adopted,
this act shall expire 6 months after the effective date of such amendment.
Section 2.Present paragraph (l)of subsection (2)of section 212.08,
Florida Statutes,is redesignated as paragraph (m),and a new paragraph (l)
is added to that subsection,to read:
212.08 Sales,rental,use,consumption,distribution,and storage tax;
specified exemptions.—The sale at retail,the rental,the use,the consump-
tion,the distribution,and the storage to be used or consumed in this state of
the following are hereby specifically exempt from the tax imposed by this
chapter.
(2)EXEMPTIONS;MEDICAL.—
(l)Marijuana and marijuana delivery devices,as defined in s.381.986,
are exempt from the taxes imposed under this chapter.
Section 3.Section 381.986,Florida Statutes,is amended to read:
(Substantial rewording of section.See
s.381.986,F.S.,for present text.)
381.986 Medical use of marijuana.—
(1)DEFINITIONS.—As used in this section,the term:
(a)“Caregiver”means a resident of this state who has agreed to assist
with a qualified patient’s medical use of marijuana,has a caregiver
identification card,and meets the requirements of subsection (6).
(b)“Chronic nonmalignant pain”means pain that is caused by a
qualifying medical condition or that originates from a qualifying medical
condition and persists beyond the usual course of that qualifying medical
condition.
(c)“Close relative”means a spouse,parent,sibling,grandparent,child,
or grandchild,whether related by whole or half blood,by marriage,or by
adoption.
(d)“Edibles”means commercially produced food items made with
marijuana oil,but no other form of marijuana,that are produced and
dispensed by a medical marijuana treatment center.
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(e)“Low-THC cannabis”means a plant of the genus Cannabis,the dried
flowers of which contain 0.8 percent or less of tetrahydrocannabinol and
more than 10 percent of cannabidiol weight for weight;the seeds thereof;the
resin extracted from any part of such plant;or any compound,manufacture,
salt,derivative,mixture,or preparation of such plant or its seeds or resin
that is dispensed from a medical marijuana treatment center.
(f)“Marijuana”means all parts of any plant of the genus Cannabis,
whether growing or not;the seeds thereof;the resin extracted from any part
of the plant;and every compound,manufacture,salt,derivative,mixture,or
preparation of the plant or its seeds or resin,including low-THC cannabis,
which are dispensed from a medical marijuana treatment center for medical
use by a qualified patient.
(g)“Marijuana delivery device”means an object used,intended for use,
or designed for use in preparing,storing,ingesting,inhaling,or otherwise
introducing marijuana into the human body,and which is dispensed from a
medical marijuana treatment center for medical use by a qualified patient.
(h)“Marijuana testing laboratory”means a facility that collects and
analyzes marijuana samples from a medical marijuana treatment center
and has been certified by the department pursuant to s.381.988.
(i)“Medical director”means a person who holds an active,unrestricted
license as an allopathic physician under chapter 458 or osteopathic
physician under chapter 459 and is in compliance with the requirements
of paragraph (3)(c).
(j)“Medical use”means the acquisition,possession,use,delivery,
transfer,or administration of marijuana authorized by a physician
certification.The term does not include:
1.Possession,use,or administration of marijuana that was not
purchased or acquired from a medical marijuana treatment center.
2.Possession,use,or administration of marijuana in a form for smoking,
in the form of commercially produced food items other than edibles,or of
marijuana seeds or flower,except for flower in a sealed,tamper-proof
receptacle for vaping.
3.Use or administration of any form or amount of marijuana in a
manner that is inconsistent with the qualified physician’s directions or
physician certification.
4.Transfer of marijuana to a person other than the qualified patient for
whom it was authorized or the qualified patient’s caregiver on behalf of the
qualified patient.
5.Use or administration of marijuana in the following locations:
a.On any form of public transportation,except for low-THC cannabis.
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b.In any public place,except for low-THC cannabis.
c.In a qualified patient’s place of employment,except when permitted by
his or her employer.
d.In a state correctional institution,as defined in s.944.02,or a
correctional institution,as defined in s.944.241.
e.On the grounds of a preschool,primary school,or secondary school,
except as provided in s.1006.062.
f.In a school bus,a vehicle,an aircraft,or a motorboat,except for low-
THC cannabis.
(k)“Physician certification”means a qualified physician’s authorization
for a qualified patient to receive marijuana and a marijuana delivery device
from a medical marijuana treatment center.
(l)“Qualified patient”means a resident of this state who has been added
to the medical marijuana use registry by a qualified physician to receive
marijuana or a marijuana delivery device for a medical use and who has a
qualified patient identification card.
(m)“Qualified physician”means a person who holds an active,unrest-
ricted license as an allopathic physician under chapter 458 or as an
osteopathic physician under chapter 459 and is in compliance with the
physician education requirements of subsection (3).
(n)“Smoking”means burning or igniting a substance and inhaling the
smoke.
(o)“Terminal condition”means a progressive disease or medical or
surgical condition that causes significant functional impairment,is not
considered by a treating physician to be reversible without the administra-
tion of life-sustaining procedures,and will result in death within 1 year after
diagnosis if the condition runs its normal course.
(2)QUALIFYING MEDICAL CONDITIONS.—A patient must be diag-
nosed with at least one of the following conditions to qualify to receive
marijuana or a marijuana delivery device:
(a)Cancer.
(b)Epilepsy.
(c)Glaucoma.
(d)Positive status for human immunodeficiency virus.
(e)Acquired immune deficiency syndrome.
(f)Post-traumatic stress disorder.
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(g)Amyotrophic lateral sclerosis.
(h)Crohn’s disease.
(i)Parkinson’s disease.
(j)Multiple sclerosis.
(k)Medical conditions of the same kind or class as or comparable to those
enumerated in paragraphs (a)-(j).
(l)A terminal condition diagnosed by a physician other than the
qualified physician issuing the physician certification.
(m)Chronic nonmalignant pain.
(3)QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
(a)Before being approved as a qualified physician,as defined in
paragraph (1)(m),and before each license renewal,a physician must
successfully complete a 2-hour course and subsequent examination offered
by the Florida Medical Association or the Florida Osteopathic Medical
Association which encompass the requirements of this section and any rules
adopted hereunder.The course and examination shall be administered at
least annually and may be offered in a distance learning format,including
an electronic,online format that is available upon request.The price of the
course may not exceed $500.A physician who has met the physician
education requirements of former s.381.986(4),Florida Statutes 2016,
before the effective date of this section,shall be deemed to be in compliance
with this paragraph from the effective date of this act until 90 days after the
course and examination required by this paragraph become available.
(b)A qualified physician may not be employed by,or have any direct or
indirect economic interest in,a medical marijuana treatment center or
marijuana testing laboratory.
(c)Before being employed as a medical director,as defined in paragraph
(1)(i),and before each license renewal,a medical director must successfully
complete a 2-hour course and subsequent examination offered by the Florida
Medical Association or the Florida Osteopathic Medical Association which
encompass the requirements of this section and any rules adopted here-
under.The course and examination shall be administered at least annually
and may be offered in a distance learning format,including an electronic,
online format that is available upon request.The price of the course may not
exceed $500.
(4)PHYSICIAN CERTIFICATION.—
(a)A qualified physician may issue a physician certification only if the
qualified physician:
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1.Conducted a physical examination while physically present in the
same room as the patient and a full assessment of the medical history of the
patient.
2.Diagnosed the patient with at least one qualifying medical condition.
3.Determined that the medical use of marijuana would likely outweigh
the potential health risks for the patient,and such determination must be
documented in the patient’s medical record.If a patient is younger than 18
years of age,a second physician must concur with this determination,and
such concurrence must be documented in the patient’s medical record.
4.Determined whether the patient is pregnant and documented such
determination in the patient’s medical record.A physician may not issue a
physician certification,except for low-THC cannabis,to a patient who is
pregnant.
5.Reviewed the patient’s controlled drug prescription history in the
prescription drug monitoring program database established pursuant to s.
893.055.
6.Reviews the medical marijuana use registry and confirmed that the
patient does not have an active physician certification from another
qualified physician.
7.Registers as the issuer of the physician certification for the named
qualified patient on the medical marijuana use registry in an electronic
manner determined by the department,and:
a.Enters into the registry the contents of the physician certification,
including the patient’s qualifying condition and the dosage not to exceed the
daily dose amount determined by the department,the amount and forms of
marijuana authorized for the patient,and any types of marijuana delivery
devices needed by the patient for the medical use of marijuana.
b.Updates the registry within 7 days after any change is made to the
original physician certification to reflect such change.
c.Deactivates the registration of the qualified patient and the patient’s
caregiver when the physician no longer recommends the medical use of
marijuana for the patient.
8.Obtains the voluntary and informed written consent of the patient for
medical use of marijuana each time the qualified physician issues a
physician certification for the patient,which shall be maintained in the
patient’s medical record.The patient,or the patient’s parent or legal
guardian if the patient is a minor,must sign the informed consent
acknowledging that the qualified physician has sufficiently explained its
content.The qualified physician must use a standardized informed consent
form adopted in rule by the Board of Medicine and the Board of Osteopathic
Medicine,which must include,at a minimum,information related to:
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a.The Federal Government’s classification of marijuana as a Schedule I
controlled substance.
b.The approval and oversight status of marijuana by the Food and Drug
Administration.
c.The current state of research on the efficacy of marijuana to treat the
qualifying conditions set forth in this section.
d.The potential for addiction.
e.The potential effect that marijuana may have on a patient’s coordina-
tion,motor skills,and cognition,including a warning against operating
heavy machinery,operating a motor vehicle,or engaging in activities that
require a person to be alert or respond quickly.
f.The potential side effects of marijuana use.
g.The risks,benefits,and drug interactions of marijuana.
h.That the patient’s de-identified health information contained in the
physician certification and medical marijuana use registry may be used for
research purposes.
(b)If a qualified physician issues a physician certification for a qualified
patient diagnosed with a qualifying medical condition pursuant to para-
graph (2)(k),the physician must submit the following to the applicable board
within 14 days after issuing the physician certification:
1.Documentation supporting the qualified physician’s opinion that the
medical condition is of the same kind or class as the conditions in paragraphs
(2)(a)-(j).
2.Documentation that establishes the efficacy of marijuana as treat-
ment for the condition.
3.Documentation supporting the qualified physician’s opinion that the
benefits of medical use of marijuana would likely outweigh the potential
health risks for the patient.
4.Any other documentation as required by board rule.
The department must submit such documentation to the Coalition for
Medical Marijuana Research and Education established pursuant to s.
1004.4351.
(c)A qualified physician may not issue a physician certification for more
than three 70-day supply limits of marijuana.The department shall
quantify by rule a daily dose amount with equivalent dose amounts for
each allowable form of marijuana dispensed by a medical marijuana
treatment center.The department shall use the daily dose amount to
calculate a 70-day supply.
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1.A qualified physician may request an exception to the daily dose
amount limit.The request shall be made electronically on a form adopted by
the department in rule and must include,at a minimum:
a.The qualified patient’s qualifying medical condition.
b.The dosage and route of administration that was insufficient to
provide relief to the qualified patient.
c.A description of how the patient will benefit from an increased
amount.
d.The minimum daily dose amount of marijuana that would be sufficient
for the treatment of the qualified patient’s qualifying medical condition.
2.A qualified physician must provide the qualified patient’s records
upon the request of the department.
3.The department shall approve or disapprove the request within 14
days after receipt of the complete documentation required by this paragraph.
The request shall be deemed approved if the department fails to act within
this time period.
(d)A qualified physician must evaluate an existing qualified patient at
least once every 30 weeks before issuing a new physician certification.A
physician must:
1.Determine if the patient still meets the requirements to be issued a
physician certification under paragraph (a).
2.Identify and document in the qualified patient’s medical records
whether the qualified patient experienced either of the following related to
the medical use of marijuana:
a.An adverse drug interaction with any prescription or nonprescription
medication;or
b.A reduction in the use of,or dependence on,other types of controlled
substances as defined in s.893.02.
3.Submit a report with the findings required pursuant to subparagraph
2.to the department.The department shall submit such reports to the
Coalition for Medical Marijuana Research and Education established
pursuant to s.1004.4351.
(e)An active order for low-THC cannabis or medical cannabis issued
pursuant to former s.381.986,Florida Statutes 2016,and registered with
the compassionate use registry before the effective date of this section,is
deemed a physician certification,and all patients possessing such orders are
deemed qualified patients until the department begins issuing medical
marijuana use registry identification cards.
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(f)The department shall monitor physician registration in the medical
marijuana use registry and the issuance of physician certifications for
practices that could facilitate unlawful diversion or misuse of marijuana or a
marijuana delivery device and shall take disciplinary action as appropriate.
(g)The Board of Medicine and the Board of Osteopathic Medicine shall
jointly create a physician certification pattern review panel that shall review
all physician certifications submitted to the medical marijuana use registry.
The panel shall track and report the number of physician certifications and
the qualifying medical conditions,dosage,supply amount,and form of
marijuana certified.The panel shall report the data both by individual
qualified physician and in the aggregate,by county,and statewide.The
physician certification pattern review panel shall,beginning January 1,
2018,submit an annual report of its findings and recommendations to the
Governor,the President of the Senate,and the Speaker of the House of
Representatives.
(h)The department,the Board of Medicine,and the Board of Osteopathic
Medicine may adopt rules pursuant to ss.120.536(1)and 120.54 to
implement this subsection.
(5)MEDICAL MARIJUANA USE REGISTRY.—
(a)The department shall create and maintain a secure,electronic,and
online medical marijuana use registry for physicians,patients,and
caregivers as provided under this section.The medical marijuana use
registry must be accessible to law enforcement agencies,qualified physi-
cians,and medical marijuana treatment centers to verify the authorization
of a qualified patient or a caregiver to possess marijuana or a marijuana
delivery device and record the marijuana or marijuana delivery device
dispensed.The medical marijuana use registry must also be accessible to
practitioners licensed to prescribe prescription drugs to ensure proper care
for patients before medications that may interact with the medical use of
marijuana are prescribed.The medical marijuana use registry must prevent
an active registration of a qualified patient by multiple physicians.
(b)The department shall determine whether an individual is a resident
of this state for the purpose of registration of qualified patients and
caregivers in the medical marijuana use registry.To prove residency:
1.An adult resident must provide the department with a copy of his or
her valid Florida driver license issued under s.322.18 or a copy of a valid
Florida identification card issued under s.322.051.
2.An adult seasonal resident who cannot meet the requirements of
subparagraph 1.may provide the department with a copy of two of the
following that show proof of residential address:
a.A deed,mortgage,monthly mortgage statement,mortgage payment
booklet or residential rental or lease agreement.
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b.One proof of residential address from the seasonal resident’s parent,
step-parent,legal guardian or other person with whom the seasonal resident
resides and a statement from the person with whom the seasonal resident
resides stating that the seasonal resident does reside with him or her.
c.A utility hookup or work order dated within 60 days before registration
in the medical use registry.
d.A utility bill,not more than 2 months old.
e.Mail from a financial institution,including checking,savings,or
investment account statements,not more than 2 months old.
f.Mail from a federal,state,county,or municipal government agency,
not more than 2 months old.
g.Any other documentation that provides proof of residential address as
determined by department rule.
3.A minor must provide the department with a certified copy of a birth
certificate or a current record of registration from a Florida K-12 school and
must have a parent or legal guardian who meets the requirements of
subparagraph 1.
For the purposes of this paragraph,the term “seasonal resident”means any
person who temporarily resides in this state for a period of at least 31
consecutive days in each calendar year,maintains a temporary residence in
this state,returns to the state or jurisdiction of his or her residence at least
one time during each calendar year,and is registered to vote or pays income
tax in another state or jurisdiction.
(c)The department may suspend or revoke the registration of a qualified
patient or caregiver if the qualified patient or caregiver:
1.Provides misleading,incorrect,false,or fraudulent information to the
department;
2.Obtains a supply of marijuana in an amount greater than the amount
authorized by the physician certification;
3.Falsifies,alters,or otherwise modifies an identification card;
4.Fails to timely notify the department of any changes to his or her
qualified patient status;or
5.Violates the requirements of this section or any rule adopted under
this section.
(d)The department shall immediately suspend the registration of a
qualified patient charged with a violation of chapter 893 until final
disposition of any alleged offense.Thereafter,the department may extend
the suspension,revoke the registration,or reinstate the registration.
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(e)The department shall immediately suspend the registration of any
caregiver charged with a violation of chapter 893 until final disposition of
any alleged offense.The department shall revoke a caregiver registration if
the caregiver does not meet the requirements of subparagraph (6)(b)6.
(f)The department may revoke the registration of a qualified patient or
caregiver who cultivates marijuana or who acquires,possesses,or delivers
marijuana from any person or entity other than a medical marijuana
treatment center.
(g)The department shall revoke the registration of a qualified patient,
and the patient’s associated caregiver,upon notification that the patient no
longer meets the criteria of a qualified patient.
(h)The department may adopt rules pursuant to ss.120.536(1)and
120.54 to implement this subsection.
(6)CAREGIVERS.—
(a)The department must register an individual as a caregiver on the
medical marijuana use registry and issue a caregiver identification card if an
individual designated by a qualified patient meets all of the requirements of
this subsection and department rule.
(b)A caregiver must:
1.Not be a qualified physician and not be employed by or have an
economic interest in a medical marijuana treatment center or a marijuana
testing laboratory.
2.Be 21 years of age or older and a resident of this state.
3.Agree in writing to assist with the qualified patient’s medical use of
marijuana.
4.Be registered in the medical marijuana use registry as a caregiver for
no more than one qualified patient,except as provided in this paragraph.
5.Successfully complete a caregiver certification course developed and
administered by the department or its designee,which must be renewed
biennially.The price of the course may not exceed $100.
6.Pass a background screening pursuant to subsection (9),unless the
patient is a close relative of the caregiver.
(c)A qualified patient may designate no more than one caregiver to
assist with the qualified patient’s medical use of marijuana,unless:
1.The qualified patient is a minor and the designated caregivers are
parents or legal guardians of the qualified patient;
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2.The qualified patient is an adult who has an intellectual or develop-
mental disability that prevents the patient from being able to protect or care
for himself or herself without assistance or supervision and the designated
caregivers are the parents or legal guardians of the qualified patient;or
3.The qualified patient is admitted to a hospice program.
(d)A caregiver may be registered in the medical marijuana use registry
as a designated caregiver for no more than one qualified patient,unless:
1.The caregiver is a parent or legal guardian of more than one minor
who is a qualified patient;
2.The caregiver is a parent or legal guardian of more than one adult who
is a qualified patient and who has an intellectual or developmental disability
that prevents the patient from being able to protect or care for himself or
herself without assistance or supervision;or
3.All qualified patients the caregiver has agreed to assist are admitted
to a hospice program and have requested the assistance of that caregiver
with the medical use of marijuana;the caregiver is an employee of the
hospice;and the caregiver provides personal care or other services directly to
clients of the hospice in the scope of that employment.
(e)A caregiver may not receive compensation,other than actual
expenses incurred,for any services provided to the qualified patient.
(f)If a qualified patient is younger than 18 years of age,only a caregiver
may purchase or administer marijuana for medical use by the qualified
patient.The qualified patient may not purchase marijuana.
(g)A caregiver must be in immediate possession of his or her medical
marijuana use registry identification card at all times when in possession of
marijuana or a marijuana delivery device and must present his or her
medical marijuana use registry identification card upon the request of a law
enforcement officer.
(h)The department may adopt rules pursuant to ss.120.536(1)and
120.54 to implement this subsection.
(7)IDENTIFICATION CARDS.—
(a)The department shall issue medical marijuana use registry identi-
fication cards for qualified patients and caregivers who are residents of this
state,which must be renewed annually.The identification cards must be
resistant to counterfeiting and tampering and must include,at a minimum,
the following:
1.The name,address,and date of birth of the qualified patient or
caregiver.
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2.A full-face,passport-type,color photograph of the qualified patient or
caregiver taken within the 90 days immediately preceding registration or
the Florida driver license or Florida identification card photograph of the
qualified patient or caregiver obtained directly from the Department of
Highway Safety and Motor Vehicles.
3.Identification as a qualified patient or a caregiver.
4.The unique numeric identifier used for the qualified patient in the
medical marijuana use registry.
5.For a caregiver,the name and unique numeric identifier of the
caregiver and the qualified patient or patients that the caregiver is assisting.
6.The expiration date of the identification card.
(b)The department must receive written consent from a qualified
patient’s parent or legal guardian before it may issue an identification
card to a qualified patient who is a minor.
(c)The department shall adopt rules pursuant to ss.120.536(1)and
120.54 establishing procedures for the issuance,renewal,suspension,
replacement,surrender,and revocation of medical marijuana use registry
identification cards pursuant to this section and shall begin issuing qualified
patient identification cards by October 3,2017.
(d)Applications for identification cards must be submitted on a form
prescribed by the department.The department may charge a reasonable fee
associated with the issuance,replacement,and renewal of identification
cards.The department shall allocate $10 of the identification card fee to the
Division of Research at Florida Agricultural and Mechanical University for
the purpose of educating minorities about marijuana for medical use and the
impact of the unlawful use of marijuana on minority communities.The
department shall contract with a third-party vendor to issue identification
cards.The vendor selected by the department must have experience
performing similar functions for other state agencies.
(e)A qualified patient or caregiver shall return his or her identification
card to the department within 5 business days after revocation.
(8)MEDICAL MARIJUANA TREATMENT CENTERS.—
(a)The department shall license medical marijuana treatment centers to
ensure reasonable statewide accessibility and availability as necessary for
qualified patients registered in the medical marijuana use registry and who
are issued a physician certification under this section.
1.As soon as practicable,but no later than July 3,2017,the department
shall license as a medical marijuana treatment center any entity that holds
an active,unrestricted license to cultivate,process,transport,and dispense
low-THC cannabis,medical cannabis,and cannabis delivery devices,under
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former s.381.986,Florida Statutes 2016,before July 1,2017,and which
meets the requirements of this section.In addition to the authority granted
under this section,these entities are authorized to dispense low-THC
cannabis,medical cannabis,and cannabis delivery devices ordered pursuant
to former s.381.986,Florida Statutes 2016,which were entered into the
compassionate use registry before July 1,2017,and are authorized to begin
dispensing marijuana under this section on July 3,2017.The department
may grant variances from the representations made in such an entity’s
original application for approval under former s.381.986,Florida Statutes
2014,pursuant to paragraph (e).
2.The department shall license as medical marijuana treatment centers
10 applicants that meet the requirements of this section,under the following
parameters:
a.As soon as practicable,but no later than August 1,2017,the
department shall license any applicant whose application was reviewed,
evaluated,and scored by the department and which was denied a dispensing
organization license by the department under former s.381.986,Florida
Statutes 2014;which had one or more administrative or judicial challenges
pending as of January 1,2017,or had a final ranking within one point of the
highest final ranking in its region under former s.381.986,Florida Statutes
2014;which meets the requirements of this section;and which provides
documentation to the department that it has the existing infrastructure and
technical and technological ability to begin cultivating marijuana within 30
days after registration as a medical marijuana treatment center.
b.As soon as practicable,but no later than October 3,2017,the
department shall license one applicant that is a recognized class member
of Pigford v.Glickman,185 F.R.D.82 (D.D.C.1999),or In Re Black Farmers
Litig.,856 F.Supp.2d 1 (D.D.C.2011)and is a member of the Black Farmers
and Agriculturalists Association-Florida Chapter.An applicant licensed
under this sub-subparagraph is exempt from the requirements of subpar-
agraphs (b)1.and (b)2.
c.As soon as practicable,but no later than October 3,2017,the
department shall license applicants that meet the requirements of this
section in sufficient numbers to result in 10 total licenses issued under this
subparagraph,while accounting for the number of licenses issued under sub-
subparagraphs a.and b.
3.For up to two of the licenses issued under subparagraph 2.,the
department shall give preference to applicants that demonstrate in their
applications that they own one or more facilities that are,or were,used for
the canning,concentrating,or otherwise processing of citrus fruit or citrus
molasses and will use or convert the facility or facilities for the processing of
marijuana.
4.Within 6 months after the registration of 100,000 active qualified
patients in the medical marijuana use registry,the department shall license
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four additional medical marijuana treatment centers that meet the
requirements of this section.Thereafter,the department shall license four
medical marijuana treatment centers within 6 months after the registration
of each additional 100,000 active qualified patients in the medical marijuana
use registry that meet the requirements of this section.
5.Dispensing facilities are subject to the following requirements:
a.A medical marijuana treatment center may not establish or operate
more than a statewide maximum of 25 dispensing facilities,unless the
medical marijuana use registry reaches a total of 100,000 active registered
qualified patients.When the medical marijuana use registry reaches
100,000 active registered qualified patients,and then upon each further
instance of the total active registered qualified patients increasing by
100,000,the statewide maximum number of dispensing facilities that each
licensed medical marijuana treatment center may establish and operate
increases by five.
b.A medical marijuana treatment center may not establish more than
the maximum number of dispensing facilities allowed in each of the
Northwest,Northeast,Central,Southwest,and Southeast Regions.The
department shall determine a medical marijuana treatment center’s
maximum number of dispensing facilities allowed in each region by
calculating the percentage of the total statewide population contained
within that region and multiplying that percentage by the medical
marijuana treatment center’s statewide maximum number of dispensing
facilities established under sub-subparagraph a.,rounded to the nearest
whole number.The department shall ensure that such rounding does not
cause a medical marijuana treatment center’s total number of statewide
dispensing facilities to exceed its statewide maximum.The department shall
initially calculate the maximum number of dispensing facilities allowed in
each region for each medical marijuana treatment center using county
population estimates from the Florida Estimates of Population 2016,as
published by the Office of Economic and Demographic Research,and shall
perform recalculations following the official release of county population
data resulting from each United States Decennial Census.For the purposes
of this subparagraph:
(I)The Northwest Region consists of Bay,Calhoun,Escambia,Franklin,
Gadsden,Gulf,Holmes,Jackson,Jefferson,Leon,Liberty,Madison,
Okaloosa,Santa Rosa,Taylor,Wakulla,Walton,and Washington Counties.
(II)The Northeast Region consists of Alachua,Baker,Bradford,Clay,
Columbia,Dixie,Duval,Flagler,Gilchrist,Hamilton,Lafayette,Levy,
Marion,Nassau,Putnam,St.Johns,Suwannee,and Union Counties.
(III)The Central Region consists of Brevard,Citrus,Hardee,Hernando,
Indian River,Lake,Orange,Osceola,Pasco,Pinellas,Polk,Seminole,St.
Lucie,Sumter,and Volusia Counties.
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(IV)The Southwest Region consists of Charlotte,Collier,DeSoto,
Glades,Hendry,Highlands,Hillsborough,Lee,Manatee,Okeechobee,and
Sarasota Counties.
(V)The Southeast Region consists of Broward,Miami-Dade,Martin,
Monroe,and Palm Beach Counties.
c.If a medical marijuana treatment center establishes a number of
dispensing facilities within a region that is less than the number allowed for
that region under sub-subparagraph b.,the medical marijuana treatment
center may sell one or more of its unused dispensing facility slots to other
licensed medical marijuana treatment centers.For each dispensing facility
slot that a medical marijuana treatment center sells,that medical
marijuana treatment center’s statewide maximum number of dispensing
facilities,as determined under sub-subparagraph a.,is reduced by one.The
statewide maximum number of dispensing facilities for a medical marijuana
treatment center that purchases an unused dispensing facility slot is
increased by one per slot purchased.Additionally,the sale of a dispensing
facility slot shall reduce the seller’s regional maximum and increase the
purchaser’s regional maximum number of dispensing facilities,as deter-
mined in sub-subparagraph b.,by one for that region.For any slot purchased
under this sub-subparagraph,the regional restriction applied to that slot’s
location under sub-subparagraph b.before the purchase shall remain in
effect following the purchase.A medical marijuana treatment center that
sells or purchases a dispensing facility slot must notify the department
within 3 days of sale.
d.This subparagraph shall expire on April 1,2020.
If this subparagraph or its application to any person or circumstance is held
invalid,the invalidity does not affect other provisions or applications of this
act which can be given effect without the invalid provision or application,
and to this end,the provisions of this subparagraph are severable.
(b)An applicant for licensure as a medical marijuana treatment center
shall apply to the department on a form prescribed by the department and
adopted in rule.The department shall adopt rules pursuant to ss.120.536(1)
and 120.54 establishing a procedure for the issuance and biennial renewal of
licenses,including initial application and biennial renewal fees sufficient to
cover the costs of implementing and administering this section,and
establishing supplemental licensure fees for payment beginning May 1,
2018,sufficient to cover the costs of administering ss.381.989 and
1004.4351.The department shall identify applicants with strong diversity
plans reflecting this state’s commitment to diversity and implement training
programs and other educational programs to enable minority persons and
minority business enterprises,as defined in s.288.703,and veteran business
enterprises,as defined in s.295.187,to compete for medical marijuana
treatment center licensure and contracts.Subject to the requirements in
subparagraphs (a)2.-4.,the department shall issue a license to an applicant
if the applicant meets the requirements of this section and pays the initial
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application fee.The department shall renew the licensure of a medical
marijuana treatment center biennially if the licensee meets the require-
ments of this section and pays the biennial renewal fee.An individual may
not be an applicant,owner,officer,board member,or manager on more than
one application for licensure as a medical marijuana treatment center.An
individual or entity may not be awarded more than one license as a medical
marijuana treatment center.An applicant for licensure as a medical
marijuana treatment center must demonstrate:
1.That,for the 5 consecutive years before submitting the application,
the applicant has been registered to do business in in the state.
2.Possession of a valid certificate of registration issued by the Depart-
ment of Agriculture and Consumer Services pursuant to s.581.131.
3.The technical and technological ability to cultivate and produce
marijuana,including,but not limited to,low-THC cannabis.
4.The ability to secure the premises,resources,and personnel necessary
to operate as a medical marijuana treatment center.
5.The ability to maintain accountability of all raw materials,finished
products,and any byproducts to prevent diversion or unlawful access to or
possession of these substances.
6.An infrastructure reasonably located to dispense marijuana to
registered qualified patients statewide or regionally as determined by the
department.
7.The financial ability to maintain operations for the duration of the 2-
year approval cycle,including the provision of certified financial statements
to the department.
a.Upon approval,the applicant must post a $5 million performance bond
issued by an authorized surety insurance company rated in one of the three
highest rating categories by a nationally recognized rating service.However,
a medical marijuana treatment center serving at least 1,000 qualified
patients is only required to maintain a $2 million performance bond.
b.In lieu of the performance bond required under sub-subparagraph a.,
the applicant may provide an irrevocable letter of credit payable to the
department or provide cash to the department.If provided with cash under
this sub-subparagraph,the department shall deposit the cash in the Grants
and Donations Trust Fund within the Department of Health,subject to the
same conditions as the bond regarding requirements for the applicant to
forfeit ownership of the funds.If the funds deposited under this sub-
subparagraph generate interest,the amount of that interest shall be used by
the department for the administration of this section.
8.That all owners,officers,board members,and managers have passed a
background screening pursuant to subsection (9).
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9.The employment of a medical director to supervise the activities of the
medical marijuana treatment center.
10.A diversity plan that promotes and ensures the involvement of
minority persons and minority business enterprises,as defined in s.288.703,
or veteran business enterprises,as defined in s.295.187,in ownership,
management,and employment.An applicant for licensure renewal must
show the effectiveness of the diversity plan by including the following with
his or her application for renewal:
a.Representation of minority persons and veterans in the medical
marijuana treatment center’s workforce;
b.Efforts to recruit minority persons and veterans for employment;and
c.A record of contracts for services with minority business enterprises
and veteran business enterprises.
(c)A medical marijuana treatment center may not make a wholesale
purchase of marijuana from,or a distribution of marijuana to,another
medical marijuana treatment center,unless the medical marijuana treat-
ment center seeking to make a wholesale purchase of marijuana submits
proof of harvest failure to the department.
(d)The department shall establish,maintain,and control a computer
software tracking system that traces marijuana from seed to sale and allows
real-time,24-hour access by the department to data from all medical
marijuana treatment centers and marijuana testing laboratories.The
tracking system must allow for integration of other seed-to-sale systems
and,at a minimum,include notification of when marijuana seeds are
planted,when marijuana plants are harvested and destroyed,and when
marijuana is transported,sold,stolen,diverted,or lost.Each medical
marijuana treatment center shall use the seed-to-sale tracking system
established by the department or integrate its own seed-to-sale tracking
system with the seed-to-sale tracking system established by the department.
Each medical marijuana treatment center may use its own seed-to-sale
system until the department establishes a seed-to-sale tracking system.The
department may contract with a vendor to establish the seed-to-sale
tracking system.The vendor selected by the department may not have a
contractual relationship with the department to perform any services
pursuant to this section other than the seed-to-sale tracking system.The
vendor may not have a direct or indirect financial interest in a medical
marijuana treatment center or a marijuana testing laboratory.
(e)A licensed medical marijuana treatment center shall cultivate,
process,transport,and dispense marijuana for medical use.A licensed
medical marijuana treatment center may not contract for services directly
related to the cultivation,processing,and dispensing of marijuana or
marijuana delivery devices,except that a medical marijuana treatment
center licensed pursuant to subparagraph (a)1.may contract with a single
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entity for the cultivation,processing,transporting,and dispensing of
marijuana and marijuana delivery devices.A licensed medical marijuana
treatment center must,at all times,maintain compliance with the criteria
demonstrated and representations made in the initial application and the
criteria established in this subsection.Upon request,the department may
grant a medical marijuana treatment center a variance from the represen-
tations made in the initial application.Consideration of such a request shall
be based upon the individual facts and circumstances surrounding the
request.A variance may not be granted unless the requesting medical
marijuana treatment center can demonstrate to the department that it has a
proposed alternative to the specific representation made in its application
which fulfills the same or a similar purpose as the specific representation in
a way that the department can reasonably determine will not be a lower
standard than the specific representation in the application.A variance may
not be granted from the requirements in subparagraph 2.and subpara-
graphs (b)1.and 2.
1.A licensed medical marijuana treatment center may transfer owner-
ship to an individual or entity who meets the requirements of this section.A
publicly traded corporation or publicly traded company that meets the
requirements of this section is not precluded from ownership of a medical
marijuana treatment center.To accommodate a change in ownership:
a.The licensed medical marijuana treatment center shall notify the
department in writing at least 60 days before the anticipated date of the
change of ownership.
b.The individual or entity applying for initial licensure due to a change
of ownership must submit an application that must be received by the
department at least 60 days before the date of change of ownership.
c.Upon receipt of an application for a license,the department shall
examine the application and,within 30 days after receipt,notify the
applicant in writing of any apparent errors or omissions and request any
additional information required.
d.Requested information omitted from an application for licensure must
be filed with the department within 21 days after the department’s request
for omitted information or the application shall be deemed incomplete and
shall be withdrawn from further consideration and the fees shall be
forfeited.
Within 30 days after the receipt of a complete application,the department
shall approve or deny the application.
2.A medical marijuana treatment center,and any individual or entity
who directly or indirectly owns,controls,or holds with power to vote 5
percent or more of the voting shares of a medical marijuana treatment
center,may not acquire direct or indirect ownership or control of any voting
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shares or other form of ownership of any other medical marijuana treatment
center.
3.A medical marijuana treatment center may not enter into any form of
profit-sharing arrangement with the property owner or lessor of any of its
facilities where cultivation,processing,storing,or dispensing of marijuana
and marijuana delivery devices occurs.
4.All employees of a medical marijuana treatment center must be 21
years of age or older and have passed a background screening pursuant to
subsection (9).
5.Each medical marijuana treatment center must adopt and enforce
policies and procedures to ensure employees and volunteers receive training
on the legal requirements to dispense marijuana to qualified patients.
6.When growing marijuana,a medical marijuana treatment center:
a.May use pesticides determined by the department,after consultation
with the Department of Agriculture and Consumer Services,to be safely
applied to plants intended for human consumption,but may not use
pesticides designated as restricted-use pesticides pursuant to s.487.042.
b.Must grow marijuana within an enclosed structure and in a room
separate from any other plant.
c.Must inspect seeds and growing plants for plant pests that endanger
or threaten the horticultural and agricultural interests of the state in
accordance with chapter 581 and any rules adopted thereunder.
d.Must perform fumigation or treatment of plants,or remove and
destroy infested or infected plants,in accordance with chapter 581 and any
rules adopted thereunder.
7.Each medical marijuana treatment center must produce and make
available for purchase at least one low-THC cannabis product.
8.A medical marijuana treatment center that produces edibles must
hold a permit to operate as a food establishment pursuant to chapter 500,the
Florida Food Safety Act,and must comply with all the requirements for food
establishments pursuant to chapter 500 and any rules adopted thereunder.
Edibles may not contain more than 200 milligrams of tetrahydrocannabinol
and a single serving portion of an edible may not exceed 10 milligrams of
tetrahydrocannabinol.Edibles may have a potency variance of no greater
than 15 percent.Edibles may not be attractive to children;be manufactured
in the shape of humans,cartoons,or animals;be manufactured in a form
that bears any reasonable resemblance to products available for consump-
tion as commercially available candy;or contain any color additives.To
discourage consumption of edibles by children,the department shall
determine by rule any shapes,forms,and ingredients allowed and prohibited
for edibles.Medical marijuana treatment centers may not begin processing
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or dispensing edibles until after the effective date of the rule.The
department shall also adopt sanitation rules providing the standards and
requirements for the storage,display,or dispensing of edibles.
9.Within 12 months after licensure,a medical marijuana treatment
center must demonstrate to the department that all of its processing
facilities have passed a Food Safety Good Manufacturing Practices,such as
Global Food Safety Initiative or equivalent,inspection by a nationally
accredited certifying body.A medical marijuana treatment center must
immediately stop processing at any facility which fails to pass this inspection
until it demonstrates to the department that such facility has met this
requirement.
10.When processing marijuana,a medical marijuana treatment center
must:
a.Process the marijuana within an enclosed structure and in a room
separate from other plants or products.
b.Comply with department rules when processing marijuana with
hydrocarbon solvents or other solvents or gases exhibiting potential toxicity
to humans.The department shall determine by rule the requirements for
medical marijuana treatment centers to use such solvents or gases
exhibiting potential toxicity to humans.
c.Comply with federal and state laws and regulations and department
rules for solid and liquid wastes.The department shall determine by rule
procedures for the storage,handling,transportation,management,and
disposal of solid and liquid waste generated during marijuana production
and processing.The Department of Environmental Protection shall assist
the department in developing such rules.
d.Test the processed marijuana using a medical marijuana testing
laboratory before it is dispensed.Results must be verified and signed by two
medical marijuana treatment center employees.Before dispensing,the
medical marijuana treatment center must determine that the test results
indicate that low-THC cannabis meets the definition of low-THC cannabis,
the concentration of tetrahydrocannabinol meets the potency requirements
of this section,the labeling of the concentration of tetrahydrocannabinol and
cannabidiol is accurate,and all marijuana is safe for human consumption
and free from contaminants that are unsafe for human consumption.The
department shall determine by rule which contaminants must be tested for
and the maximum levels of each contaminant which are safe for human
consumption.The Department of Agriculture and Consumer Services shall
assist the department in developing the testing requirements for contami-
nants that are unsafe for human consumption in edibles.The department
shall also determine by rule the procedures for the treatment of marijuana
that fails to meet the testing requirements of this section,s.381.988,or
department rule.The department may select a random sample from edibles
available for purchase in a dispensing facility which shall be tested by the
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department to determine that the edible meets the potency requirements of
this section,is safe for human consumption,and the labeling of the
tetrahydrocannabinol and cannabidiol concentration is accurate.A medical
marijuana treatment center may not require payment from the department
for the sample.A medical marijuana treatment center must recall edibles,
including all edibles made from the same batch of marijuana,which fail to
meet the potency requirements of this section,which are unsafe for human
consumption,or for which the labeling of the tetrahydrocannabinol and
cannabidiol concentration is inaccurate.The medical marijuana treatment
center must retain records of all testing and samples of each homogenous
batch of marijuana for at least 9 months.The medical marijuana treatment
center must contract with a marijuana testing laboratory to perform audits
on the medical marijuana treatment center’s standard operating procedures,
testing records,and samples and provide the results to the department to
confirm that the marijuana or low-THC cannabis meets the requirements of
this section and that the marijuana or low-THC cannabis is safe for human
consumption.A medical marijuana treatment center shall reserve two
processed samples from each batch and retain such samples for at least 9
months for the purpose of such audits.A medical marijuana treatment
center may use a laboratory that has not been certified by the department
under s.381.988 until such time as at least one laboratory holds the required
certification,but in no event later than July 1,2018.
e.Package the marijuana in compliance with the United States Poison
Prevention Packaging Act of 1970,15 U.S.C.ss.1471 et seq.
f.Package the marijuana in a receptacle that has a firmly affixed and
legible label stating the following information:
(I)The marijuana or low-THC cannabis meets the requirements of sub-
subparagraph d.
(II)The name of the medical marijuana treatment center from which the
marijuana originates.
(III)The batch number and harvest number from which the marijuana
originates and the date dispensed.
(IV)The name of the physician who issued the physician certification.
(V)The name of the patient.
(VI)The product name,if applicable,and dosage form,including
concentration of tetrahydrocannabinol and cannabidiol.The product name
may not contain wording commonly associated with products marketed by or
to children.
(VII)The recommended dose.
(VIII)A warning that it is illegal to transfer medical marijuana to
another person.
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(IX)A marijuana universal symbol developed by the department.
11.The medical marijuana treatment center shall include in each
package a patient package insert with information on the specific product
dispensed related to:
a.Clinical pharmacology.
b.Indications and use.
c.Dosage and administration.
d.Dosage forms and strengths.
e.Contraindications.
f.Warnings and precautions.
g.Adverse reactions.
12.Each edible shall be individually sealed in plain,opaque wrapping
marked only with the marijuana universal symbol.Where practical,each
edible shall be marked with the marijuana universal symbol.In addition to
the packaging and labeling requirements in subparagraphs 10.and 11.,
edible receptacles must be plain,opaque,and white without depictions of the
product or images other than the medical marijuana treatment center’s
department-approved logo and the marijuana universal symbol.The
receptacle must also include a list all of the edible’s ingredients,storage
instructions,an expiration date,a legible and prominent warning to keep
away from children and pets,and a warning that the edible has not been
produced or inspected pursuant to federal food safety laws.
13.When dispensing marijuana or a marijuana delivery device,a
medical marijuana treatment center:
a.May dispense any active,valid order for low-THC cannabis,medical
cannabis and cannabis delivery devices issued pursuant to former s.
381.986,Florida Statutes 2016,which was entered into the medical
marijuana use registry before July 1,2017.
b.May not dispense more than a 70-day supply of marijuana to a
qualified patient or caregiver.
c.Must have the medical marijuana treatment center’s employee who
dispenses the marijuana or a marijuana delivery device enter into the
medical marijuana use registry his or her name or unique employee
identifier.
d.Must verify that the qualified patient and the caregiver,if applicable,
each has an active registration in the medical marijuana use registry and an
active and valid medical marijuana use registry identification card,the
amount and type of marijuana dispensed matches the physician certification
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in the medical marijuana use registry for that qualified patient,and the
physician certification has not already been filled.
e.May not dispense marijuana to a qualified patient who is younger than
18 years of age.If the qualified patient is younger than 18 years of age,
marijuana may only be dispensed to the qualified patient’s caregiver.
f.May not dispense or sell any other type of cannabis,alcohol,or illicit
drug-related product,including pipes,bongs,or wrapping papers,other than
a marijuana delivery device required for the medical use of marijuana and
which is specified in a physician certification.
g.Must,upon dispensing the marijuana or marijuana delivery device,
record in the registry the date,time,quantity,and form of marijuana
dispensed;the type of marijuana delivery device dispensed;and the name
and medical marijuana use registry identification number of the qualified
patient or caregiver to whom the marijuana delivery device was dispensed.
h.Must ensure that patient records are not visible to anyone other than
the qualified patient,his or her caregiver,and authorized medical marijuana
treatment center employees.
(f)To ensure the safety and security of premises where the cultivation,
processing,storing,or dispensing of marijuana occurs,and to maintain
adequate controls against the diversion,theft,and loss of marijuana or
marijuana delivery devices,a medical marijuana treatment center shall:
1.a.Maintain a fully operational security alarm system that secures all
entry points and perimeter windows and is equipped with motion detectors;
pressure switches;and duress,panic,and hold-up alarms;and
b.Maintain a video surveillance system that records continuously 24
hours a day and meets the following criteria:
(I)Cameras are fixed in a place that allows for the clear identification of
persons and activities in controlled areas of the premises.Controlled areas
include grow rooms,processing rooms,storage rooms,disposal rooms or
areas,and point-of-sale rooms.
(II)Cameras are fixed in entrances and exits to the premises,which shall
record from both indoor and outdoor,or ingress and egress,vantage points.
(III)Recorded images must clearly and accurately display the time and
date.
(IV)Retain video surveillance recordings for at least 45 days or longer
upon the request of a law enforcement agency.
2.Ensure that the medical marijuana treatment center’s outdoor
premises have sufficient lighting from dusk until dawn.
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3.Ensure that the indoor premises where dispensing occurs includes a
waiting area with sufficient space and seating to accommodate qualified
patients and caregivers and at least one private consultation area that is
isolated from the waiting area and area where dispensing occurs.A medical
marijuana treatment center may not display products or dispense marijuana
or marijuana delivery devices in the waiting area.
4.Not dispense from its premises marijuana or a marijuana delivery
device between the hours of 9 p.m.and 7 a.m.,but may perform all other
operations and deliver marijuana to qualified patients 24 hours a day.
5.Store marijuana in a secured,locked room or a vault.
6.Require at least two of its employees,or two employees of a security
agency with whom it contracts,to be on the premises at all times where
cultivation,processing,or storing of marijuana occurs.
7.Require each employee or contractor to wear a photo identification
badge at all times while on the premises.
8.Require each visitor to wear a visitor pass at all times while on the
premises.
9.Implement an alcohol and drug-free workplace policy.
10.Report to local law enforcement within 24 hours after the medical
marijuana treatment center is notified or becomes aware of the theft,
diversion,or loss of marijuana.
(g)To ensure the safe transport of marijuana and marijuana delivery
devices to medical marijuana treatment centers,marijuana testing labora-
tories,or qualified patients,a medical marijuana treatment center must:
1.Maintain a marijuana transportation manifest in any vehicle trans-
porting marijuana.The marijuana transportation manifest must be gener-
ated from a medical marijuana treatment center’s seed-to-sale tracking
system and include the:
a.Departure date and approximate time of departure.
b.Name,location address,and license number of the originating medical
marijuana treatment center.
c.Name and address of the recipient of the delivery.
d.Quantity and form of any marijuana or marijuana delivery device
being transported.
e.Arrival date and estimated time of arrival.
f.Delivery vehicle make and model and license plate number.
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g.Name and signature of the medical marijuana treatment center
employees delivering the product.
(I)A copy of the marijuana transportation manifest must be provided to
each individual,medical marijuana treatment center,or marijuana testing
laboratory that receives a delivery.The individual,or a representative of the
center or laboratory,must sign a copy of the marijuana transportation
manifest acknowledging receipt.
(II)An individual transporting marijuana or a marijuana delivery device
must present a copy of the relevant marijuana transportation manifest and
his or her employee identification card to a law enforcement officer upon
request.
(III)Medical marijuana treatment centers and marijuana testing
laboratories must retain copies of all marijuana transportation manifests
for at least 3 years.
2.Ensure only vehicles in good working order are used to transport
marijuana.
3.Lock marijuana and marijuana delivery devices in a separate
compartment or container within the vehicle.
4.Require employees to have possession of their employee identification
card at all times when transporting marijuana or marijuana delivery
devices.
5.Require at least two persons to be in a vehicle transporting marijuana
or marijuana delivery devices,and require at least one person to remain in
the vehicle while the marijuana or marijuana delivery device is being
delivered.
6.Provide specific safety and security training to employees transport-
ing or delivering marijuana and marijuana delivery devices.
(h)A medical marijuana treatment center may not engage in advertising
that is visible to members of the public from any street,sidewalk,park,or
other public place,except:
1.The dispensing location of a medical marijuana treatment center may
have a sign that is affixed to the outside or hanging in the window of the
premises which identifies the dispensary by the licensee’s business name,a
department-approved trade name,or a department-approved logo.A
medical marijuana treatment center’s trade name and logo may not contain
wording or images commonly associated with marketing targeted toward
children or which promote recreational use of marijuana.
2.A medical marijuana treatment center may engage in Internet
advertising and marketing under the following conditions:
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a.All advertisements must be approved by the department.
b.An advertisement may not have any content that specifically targets
individuals under the age of 18,including cartoon characters or similar
images.
c.An advertisement may not be an unsolicited pop-up advertisement.
d.Opt-in marketing must include an easy and permanent opt-out
feature.
(i)Each medical marijuana treatment center that dispenses marijuana
and marijuana delivery devices shall make available to the public on its
website:
1.Each marijuana and low-THC product available for purchase,
including the form,strain of marijuana from which it was extracted,
cannabidiol content,tetrahydrocannabinol content,dose unit,total number
of doses available,and the ratio of cannabidiol to tetrahydrocannabinol for
each product.
2.The price for a 30-day,50-day,and 70-day supply at a standard dose
for each marijuana and low-THC product available for purchase.
3.The price for each marijuana delivery device available for purchase.
4.If applicable,any discount policies and eligibility criteria for such
discounts.
(j)Medical marijuana treatment centers are the sole source from which a
qualified patient may legally obtain marijuana.
(k)The department may adopt rules pursuant to ss.120.536(1)and
120.54 to implement this subsection.
(9)BACKGROUND SCREENING.—An individual required to undergo
a background screening pursuant to this section must pass a level 2
background screening as provided under chapter 435,which,in addition to
the disqualifying offenses provided in s.435.04,shall exclude an individual
who has an arrest awaiting final disposition for,has been found guilty of,
regardless of adjudication,or has entered a plea of nolo contendere or guilty
to an offense under chapter 837,chapter 895,or chapter 896 or similar law of
another jurisdiction.
(a)Such individual must submit a full set of fingerprints to the
department or to a vendor,entity,or agency authorized by s.943.053(13).
The department,vendor,entity,or agency shall forward the fingerprints to
the Department of Law Enforcement for state processing,and the Depart-
ment of Law Enforcement shall forward the fingerprints to the Federal
Bureau of Investigation for national processing.
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(b)Fees for state and federal fingerprint processing and retention shall
be borne by the individual.The state cost for fingerprint processing shall be
as provided in s.943.053(3)(e)for records provided to persons or entities
other than those specified as exceptions therein.
(c)Fingerprints submitted to the Department of Law Enforcement
pursuant to this subsection shall be retained by the Department of Law
Enforcement as provided in s.943.05(2)(g)and (h)and,when the Depart-
ment of Law Enforcement begins participation in the program,enrolled in
the Federal Bureau of Investigation’s national retained print arrest
notification program.Any arrest record identified shall be reported to the
department.
(10)MEDICAL MARIJUANA TREATMENT CENTER INSPECTIONS;
ADMINISTRATIVE ACTIONS.—
(a)The department shall conduct announced or unannounced inspec-
tions of medical marijuana treatment centers to determine compliance with
this section or rules adopted pursuant to this section.
(b)The department shall inspect a medical marijuana treatment center
upon receiving a complaint or notice that the medical marijuana treatment
center has dispensed marijuana containing mold,bacteria,or other
contaminant that may cause or has caused an adverse effect to human
health or the environment.
(c)The department shall conduct at least a biennial inspection of each
medical marijuana treatment center to evaluate the medical marijuana
treatment center’s records,personnel,equipment,processes,security
measures,sanitation practices,and quality assurance practices.
(d)The Department of Agriculture and Consumer Services and the
department shall enter into an interagency agreement to ensure cooperation
and coordination in the performance of their obligations under this section
and their respective regulatory and authorizing laws.The department,the
Department of Highway Safety and Motor Vehicles,and the Department of
Law Enforcement may enter into interagency agreements for the purposes
specified in this subsection or subsection (7).
(e)The department shall publish a list of all approved medical
marijuana treatment centers,medical directors,and qualified physicians
on its website.
(f)The department may impose reasonable fines not to exceed $10,000
on a medical marijuana treatment center for any of the following violations:
1.Violating this section or department rule.
2.Failing to maintain qualifications for approval.
3.Endangering the health,safety,or security of a qualified patient.
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4.Improperly disclosing personal and confidential information of the
qualified patient.
5.Attempting to procure medical marijuana treatment center approval
by bribery,fraudulent misrepresentation,or extortion.
6.Being convicted or found guilty of,or entering a plea of guilty or nolo
contendere to,regardless of adjudication,a crime in any jurisdiction which
directly relates to the business of a medical marijuana treatment center.
7.Making or filing a report or record that the medical marijuana
treatment center knows to be false.
8.Willfully failing to maintain a record required by this section or
department rule.
9.Willfully impeding or obstructing an employee or agent of the
department in the furtherance of his or her official duties.
10.Engaging in fraud or deceit,negligence,incompetence,or misconduct
in the business practices of a medical marijuana treatment center.
11.Making misleading,deceptive,or fraudulent representations in or
related to the business practices of a medical marijuana treatment center.
12.Having a license or the authority to engage in any regulated
profession,occupation,or business that is related to the business practices
of a medical marijuana treatment center suspended,revoked,or otherwise
acted against by the licensing authority of any jurisdiction,including its
agencies or subdivisions,for a violation that would constitute a violation
under Florida law.
13.Violating a lawful order of the department or an agency of the state,
or failing to comply with a lawfully issued subpoena of the department or an
agency of the state.
(g)The department may suspend,revoke,or refuse to renew a medical
marijuana treatment center license if the medical marijuana treatment
center commits any of the violations in paragraph (f).
(h)The department may adopt rules pursuant to ss.120.536(1)and
120.54 to implement this subsection.
(11)PREEMPTION.—Regulation of cultivation,processing,and deliv-
ery of marijuana by medical marijuana treatment centers is preempted to
the state except as provided in this subsection.
(a)A medical marijuana treatment center cultivating or processing
facility may not be located within 500 feet of the real property that comprises
a public or private elementary school,middle school,or secondary school.
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(b)1.A county or municipality may,by ordinance,ban medical mar-
ijuana treatment center dispensing facilities from being located within the
boundaries of that county or municipality.A county or municipality that
does not ban dispensing facilities under this subparagraph may not place
specific limits,by ordinance,on the number of dispensing facilities that may
locate within that county or municipality.
2.A municipality may determine by ordinance the criteria for the
location of,and other permitting requirements that do not conflict with state
law or department rule for,medical marijuana treatment center dispensing
facilities located within the boundaries of that municipality.A county may
determine by ordinance the criteria for the location of,and other permitting
requirements that do not conflict with state law or department rule for,all
such dispensing facilities located within the unincorporated areas of that
county.Except as provided in paragraph (c),a county or municipality may
not enact ordinances for permitting or for determining the location of
dispensing facilities which are more restrictive than its ordinances permit-
ting or determining the locations for pharmacies licensed under chapter 465.
A municipality or county may not charge a medical marijuana treatment
center a license or permit fee in an amount greater than the fee charged by
such municipality or county to pharmacies.A dispensing facility location
approved by a municipality or county pursuant to former s.381.986(8)(b),
Florida Statutes 2016,is not subject to the location requirements of this
subsection.
(c)A medical marijuana treatment center dispensing facility may not be
located within 500 feet of the real property that comprises a public or private
elementary school,middle school,or secondary school unless the county or
municipality approves the location through a formal proceeding open to the
public at which the county or municipality determines that the location
promotes the public health,safety,and general welfare of the community.
(d)This subsection does not prohibit any local jurisdiction from ensuring
medical marijuana treatment center facilities comply with the Florida
Building Code,the Florida Fire Prevention Code,or any local amendments
to the Florida Building Code or the Florida Fire Prevention Code.
(12)PENALTIES.—
(a)A qualified physician commits a misdemeanor of the first degree,
punishable as provided in s.775.082 or s.775.083,if the qualified physician
issues a physician certification for the medical use of marijuana for a patient
without a reasonable belief that the patient is suffering from a qualifying
medical condition.
(b)A person who fraudulently represents that he or she has a qualifying
medical condition to a qualified physician for the purpose of being issued a
physician certification commits a misdemeanor of the first degree,punish-
able as provided in s.775.082 or s.775.083.
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(c)A qualified patient who uses marijuana,not including low-THC
cannabis,or a caregiver who administers marijuana,not including low-THC
cannabis,in plain view of or in a place open to the general public;in a school
bus,a vehicle,an aircraft,or a boat;or on the grounds of a school except as
provided in s.1006.062,commits a misdemeanor of the first degree,
punishable as provided in s.775.082 or s.775.083.
(d)A qualified patient or caregiver who cultivates marijuana or who
purchases or acquires marijuana from any person or entity other than a
medical marijuana treatment center violates s.893.13 and is subject to the
penalties provided therein.
(e)1.A qualified patient or caregiver in possession of marijuana or a
marijuana delivery device who fails or refuses to present his or her
marijuana use registry identification card upon the request of a law
enforcement officer commits a misdemeanor of the second degree,punish-
able as provided in s.775.082 or s.775.083,unless it can be determined
through the medical marijuana use registry that the person is authorized to
be in possession of that marijuana or marijuana delivery device.
2.A person charged with a violation of this paragraph may not be
convicted if,before or at the time of his or her court or hearing appearance,
the person produces in court or to the clerk of the court in which the charge is
pending a medical marijuana use registry identification card issued to him
or her which is valid at the time of his or her arrest.The clerk of the court is
authorized to dismiss such case at any time before the defendant’s
appearance in court.The clerk of the court may assess a fee of $5 for
dismissing the case under this paragraph.
(f)A caregiver who violates any of the applicable provisions of this
section or applicable department rules,for the first offense,commits a
misdemeanor of the second degree,punishable as provided in s.775.082 or s.
775.083 and,for a second or subsequent offense,commits a misdemeanor of
the first degree,punishable as provided in s.775.082 or s.775.083.
(g)A qualified physician who issues a physician certification for
marijuana or a marijuana delivery device and receives compensation from
a medical marijuana treatment center related to the issuance of a physician
certification for marijuana or a marijuana delivery device is subject to
disciplinary action under the applicable practice act and s.456.072(1)(n).
(h)A person transporting marijuana or marijuana delivery devices on
behalf of a medical marijuana treatment center or marijuana testing
laboratory who fails or refuses to present a transportation manifest upon
the request of a law enforcement officer commits a misdemeanor of the
second degree,punishable as provided in s.775.082 or s.775.083.
(i)Persons and entities conducting activities authorized and governed by
this section and s.381.988 are subject to ss.456.053,456.054,and 817.505,
as applicable.
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(j)A person or entity that cultivates,processes,distributes,sells,or
dispenses marijuana,as defined in s.29(b)(4),Art.X of the State
Constitution,and is not licensed as a medical marijuana treatment center
violates s.893.13 and is subject to the penalties provided therein.
(k)A person who manufactures,distributes,sells,gives,or possesses
with the intent to manufacture,distribute,sell,or give marijuana or a
marijuana delivery device that he or she holds out to have originated from a
licensed medical marijuana treatment center but that is counterfeit commits
a felony of the third degree,punishable as provided in s.775.082,s.775.083,
or s.775.084.For the purposes of this paragraph,the term “counterfeit”
means marijuana;a marijuana delivery device;or a marijuana or marijuana
delivery device container,seal,or label which,without authorization,bears
the trademark,trade name,or other identifying mark,imprint,or device,or
any likeness thereof,of a licensed medical marijuana treatment center and
which thereby falsely purports or is represented to be the product of,or to
have been distributed by,that licensed medical marijuana treatment
facility.
(l)Any person who possesses or manufactures a blank,forged,stolen,
fictitious,fraudulent,counterfeit,or otherwise unlawfully issued medical
marijuana use registry identification card commits a felony of the third
degree,punishable as provided in s.775.082,s.775.083,or s.775.084.
(13)UNLICENSED ACTIVITY.—
(a)If the department has probable cause to believe that a person or
entity that is not registered or licensed with the department has violated
this section,s.381.988,or any rule adopted pursuant to this section,the
department may issue and deliver to such person or entity a notice to cease
and desist from such violation.The department also may issue and deliver a
notice to cease and desist to any person or entity who aids and abets such
unlicensed activity.The issuance of a notice to cease and desist does not
constitute agency action for which a hearing under s.120.569 or s.120.57
may be sought.For the purpose of enforcing a cease and desist order,the
department may file a proceeding in the name of the state seeking issuance
of an injunction or a writ of mandamus against any person or entity who
violates any provisions of such order.
(b)In addition to the remedies under paragraph (a),the department may
impose by citation an administrative penalty not to exceed $5,000 per
incident.The citation shall be issued to the subject and must contain the
subject’s name and any other information the department determines to be
necessary to identify the subject,a brief factual statement,the sections of
the law allegedly violated,and the penalty imposed.If the subject does not
dispute the matter in the citation with the department within 30 days after
the citation is served,the citation shall become a final order of the
department.The department may adopt rules pursuant to ss.120.536(1)
and 120.54 to implement this section.Each day that the unlicensed activity
continues after issuance of a notice to cease and desist constitutes a separate
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violation.The department shall be entitled to recover the costs of
investigation and prosecution in addition to the fine levied pursuant to
the citation.Service of a citation may be made by personal service or by mail
to the subject at the subject’s last known address or place of practice.If the
department is required to seek enforcement of the cease and desist or agency
order,it shall be entitled to collect attorney fees and costs.
(c)In addition to or in lieu of any other administrative remedy,the
department may seek the imposition of a civil penalty through the circuit
court for any violation for which the department may issue a notice to cease
and desist.The civil penalty shall be no less than $5,000 and no more than
$10,000 for each offense.The court may also award to the prevailing party
court costs and reasonable attorney fees and,in the event the department
prevails,may also award reasonable costs of investigation and prosecution.
(d)In addition to the other remedies provided in this section,the
department or any state attorney may bring an action for an injunction to
restrain any unlicensed activity or to enjoin the future operation or
maintenance of the unlicensed activity or the performance of any service
in violation of this section.
(e)The department must notify local law enforcement of such unlicensed
activity for a determination of any criminal violation of chapter 893.
(14)EXCEPTIONS TO OTHER LAWS.—
(a)Notwithstanding s.893.13,s.893.135,s.893.147,or any other
provision of law,but subject to the requirements of this section,a qualified
patient and the qualified patient’s caregiver may purchase from a medical
marijuana treatment center for the patient’s medical use a marijuana
delivery device and up to the amount of marijuana authorized in the
physician certification,but may not possess more than a 70-day supply of
marijuana at any given time and all marijuana purchased must remain in its
original packaging.
(b)Notwithstanding s.893.13,s.893.135,s.893.147,or any other
provision of law,but subject to the requirements of this section,an approved
medical marijuana treatment center and its owners,managers,and
employees may manufacture,possess,sell,deliver,distribute,dispense,
and lawfully dispose of marijuana or a marijuana delivery device as provided
in this section,s.381.988,and by department rule.For the purposes of this
subsection,the terms “manufacture,”“possession,”“deliver,”“distribute,”
and “dispense”have the same meanings as provided in s.893.02.
(c)Notwithstanding s.893.13,s.893.135,s.893.147,or any other
provision of law,but subject to the requirements of this section,a certified
marijuana testing laboratory,including an employee of a certified marijuana
testing laboratory acting within the scope of his or her employment,may
acquire,possess,test,transport,and lawfully dispose of marijuana as
provided in this section,in s.381.988,and by department rule.
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(d)A licensed medical marijuana treatment center and its owners,
managers,and employees are not subject to licensure or regulation under
chapter 465 or chapter 499 for manufacturing,possessing,selling,deliver-
ing,distributing,dispensing,or lawfully disposing of marijuana or a
marijuana delivery device,as provided in this section,s.381.988,and by
department rule.
(e)This subsection does not exempt a person from prosecution for a
criminal offense related to impairment or intoxication resulting from the
medical use of marijuana or relieve a person from any requirement under
law to submit to a breath,blood,urine,or other test to detect the presence of
a controlled substance.
(f)Notwithstanding s.893.13,s.893.135,s.893.147,or any other
provision of law,but subject to the requirements of this section and
pursuant to policies and procedures established pursuant to s.1006.62(8),
school personnel may possess marijuana that is obtained for medical use
pursuant to this section by a student who is a qualified patient.
(g)Notwithstanding s.893.13,s.893.135,s.893.147,or any other
provision of law,but subject to the requirements of this section,a research
institute established by a public postsecondary educational institution,such
as the H.Lee Moffitt Cancer Center and Research Institute,Inc.,established
under s.1004.43,or a state university that has achieved the preeminent
state research university designation under s.1001.7065 may possess,test,
transport,and lawfully dispose of marijuana for research purposes as
provided by this section.
(15)APPLICABILITY.—This section does not limit the ability of an
employer to establish,continue,or enforce a drug-free workplace program or
policy.This section does not require an employer to accommodate the
medical use of marijuana in any workplace or any employee working while
under the influence of marijuana.This section does not create a cause of
action against an employer for wrongful discharge or discrimination.
Marijuana,as defined in this section,is not reimbursable under chapter 440.
(16)FINES AND FEES.—Fines and fees collected by the department
under this section shall be deposited in the Grants and Donations Trust
Fund within the Department of Health.
Section 4.Paragraph (uu)is added to subsection (1)of section 458.331,
Florida Statutes,to read:
458.331 Grounds for disciplinary action;action by the board and
department.—
(1)The following acts constitute grounds for denial of a license or
disciplinary action,as specified in s.456.072(2):
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(uu)Issuing a physician certification,as defined in s.381.986,in a
manner out of compliance with the requirements of that section and rules
adopted thereunder.
Section 5.Paragraph (ww)is added to subsection (1)of section 459.015,
Florida Statutes,to read:
459.015 Grounds for disciplinary action;action by the board and
department.—
(1)The following acts constitute grounds for denial of a license or
disciplinary action,as specified in s.456.072(2):
(ww)Issuing a physician certification,as defined in s.381.986,in a
manner not in compliance with the requirements of that section and rules
adopted thereunder.
Section 6.Section 381.988,Florida Statutes,is created to read:
381.988 Medical marijuana testing laboratories;marijuana tests con-
ducted by a certified laboratory.—
(1)A person or entity seeking to be a certified marijuana testing
laboratory must:
(a)Not be owned or controlled by a medical marijuana treatment center.
(b)Submit a completed application accompanied by an application fee,
as established by department rule.
(c)Submit proof of an accreditation or a certification approved by the
department issued by an accreditation or a certification organization
approved by the department.The department shall adopt by rule a list of
approved laboratory accreditations or certifications and accreditation or
certification organizations.
(d)Require all owners and managers to submit to and pass a level 2
background screening pursuant to s.435.04 and shall deny certification if
the person or entity has been found guilty of,or has entered a plea of guilty or
nolo contendere to,regardless of adjudication,any offense listed in chapter
837,chapter 895,or chapter 896 or similar law of another jurisdiction.
1.Such owners and managers must submit a full set of fingerprints to
the department or to a vendor,entity,or agency authorized by s.943.053(13).
The department,vendor,entity,or agency shall forward the fingerprints to
the Department of Law Enforcement for state processing,and the Depart-
ment of Law Enforcement shall forward the fingerprints to the Federal
Bureau of Investigation for national processing.
2.Fees for state and federal fingerprint processing and retention shall be
borne by such owners or managers.The state cost for fingerprint processing
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shall be as provided in s.943.053(3)(e)for records provided to persons or
entities other than those specified as exceptions therein.
3.Fingerprints submitted to the Department of Law Enforcement
pursuant to this paragraph shall be retained by the Department of Law
Enforcement as provided in s.943.05(2)(g)and (h)and,when the Depart-
ment of Law Enforcement begins participation in the program,enrolled in
the Federal Bureau of Investigation’s national retained print arrest
notification program.Any arrest record identified shall be reported to the
department.
(e)Demonstrate to the department the capability of meeting the
standards for certification required by this subsection,and the testing
requirements of s.381.986 and this section and rules adopted thereunder.
(2)The department shall adopt rules pursuant to ss.120.536(1)and
120.54 establishing a procedure for initial certification and biennial renewal,
including initial application and biennial renewal fees sufficient to cover the
costs of administering this certification program.The department shall
renew the certification biennially if the laboratory meets the requirements of
this section and pays the biennial renewal fee.
(3)The department shall adopt rules pursuant to ss.120.536(1)and
120.54 establishing the standards for certification of marijuana testing
laboratories under this section.The Department of Agriculture and
Consumer Services and the Department of Environmental Protection
shall assist the department in developing the rule,which must include,
but is not limited to:
(a)Security standards.
(b)Minimum standards for personnel.
(c)Sample collection method and process standards.
(d)Proficiency testing for tetrahydrocannabinol potency,concentration
of cannabidiol,and contaminants unsafe for human consumption,as
determined by department rule.
(e)Reporting content,format,and frequency.
(f)Audits and onsite inspections.
(g)Quality assurance.
(h)Equipment and methodology.
(i)Chain of custody.
(j)Any other standard the department deems necessary to ensure the
health and safety of the public.
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(4)A marijuana testing laboratory may acquire marijuana only from a
medical marijuana treatment center.A marijuana testing laboratory is
prohibited from selling,distributing,or transferring marijuana received
from a marijuana treatment center,except that a marijuana testing
laboratory may transfer a sample to another marijuana testing laboratory
in this state.
(5)A marijuana testing laboratory must properly dispose of all samples
it receives,unless transferred to another marijuana testing laboratory,after
all necessary tests have been conducted and any required period of storage
has elapsed,as established by department rule.
(6)A marijuana testing laboratory shall use the computer software
tracking system selected by the department under s.381.986.
(7)The following acts constitute grounds for which disciplinary action
specified in subsection (8)may be taken against a certified marijuana testing
laboratory:
(a)Permitting unauthorized persons to perform technical procedures or
issue reports.
(b)Demonstrating incompetence or making consistent errors in the
performance of testing or erroneous reporting.
(c)Performing a test and rendering a report thereon to a person or entity
not authorized by law to receive such services.
(d)Failing to file any report required under this section or s.381.986 or
the rules adopted thereunder.
(e)Reporting a test result if the test was not performed.
(f)Failing to correct deficiencies within the time required by the
department.
(g)Violating or aiding and abetting in the violation of any provision of s.
381.986 or this section or any rules adopted thereunder.
(8)The department may refuse to issue or renew,or may suspend or
revoke,the certification of a marijuana testing laboratory that is found to be
in violation of this section or any rules adopted hereunder.The department
may impose fines for violations of this section or rules adopted thereunder,
based on a schedule adopted in rule.In determining the administrative
action to be imposed for a violation,the department must consider the
following factors:
(a)The severity of the violation,including the probability of death or
serious harm to the health or safety of any person that may result or has
resulted;the severity or potential harm;and the extent to which s.381.986
or this section were violated.
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(b)The actions taken by the marijuana testing laboratory to correct the
violation or to remedy the complaint.
(c)Any previous violation by the marijuana testing laboratory.
(d)The financial benefit to the marijuana testing laboratory of commit-
ting or continuing the violation.
(9)The department may adopt rules pursuant to ss.120.536(1)and
120.54 to implement this section.
(10)Fees collected by the department under this section shall be
deposited in the Grants and Donations Trust Fund within the Department
of Health.
Section 7.Section 381.989,Florida Statutes,is created to read:
381.989 Public education campaigns.—
(1)DEFINITIONS.—As used in this section,the term:
(a)“Cannabis”has the same meaning as in s.893.02.
(b)“Department”means the Department of Health.
(c)“Marijuana”has the same meaning as in s.381.986.
(2)STATEWIDE CANNABIS AND MARIJUANA EDUCATION AND
ILLICIT USE PREVENTION CAMPAIGN.—
(a)The department shall implement a statewide cannabis and mar-
ijuana education and illicit use prevention campaign to publicize accurate
information regarding:
1.The legal requirements for licit use and possession of marijuana in
this state.
2.Safe use of marijuana,including preventing access by persons other
than qualified patients as defined in s.381.986,particularly children.
3.The short-term and long-term health effects of cannabis and mar-
ijuana use,particularly on minors and young adults.
4.Other cannabis-related and marijuana-related education determined
by the department to be necessary to the public health and safety.
(b)The department shall provide educational materials regarding the
eligibility for medical use of marijuana by individuals diagnosed with a
terminal condition to individuals that provide palliative care or hospice
services.
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(c)The department may use television messaging,radio broadcasts,
print media,digital strategies,social media,and any other form of
messaging deemed necessary and appropriate by the department to
implement the campaign.The department may work with school districts,
community organizations,and businesses and business organizations and
other entities to provide training and programming.
(d)The department may contract with one or more vendors to implement
the campaign.
(e)The department shall contract with an independent entity to conduct
annual evaluations of the campaign.The evaluations shall assess the reach
and impact of the campaign,success in educating the citizens of the state
regarding the legal parameters for marijuana use,success in preventing
illicit access by adults and youth,and success in preventing negative health
impacts from the legalization of marijuana.The first year of the program,
the evaluator shall conduct surveys to establish baseline data on youth and
adult cannabis use,the attitudes of youth and the general public toward
cannabis and marijuana,and any other data deemed necessary for long-term
analysis.By January 31 of each year,the department shall submit to the
Governor,the President of the Senate,and the Speaker of the House of
Representatives the annual evaluation of the campaign.
(3)STATEWIDE IMPAIRED DRIVING EDUCATION CAMPAIGN.—
(a)The Department of Highway Safety and Motor Vehicles shall
implement a statewide impaired driving education campaign to raise
awareness and prevent marijuana-related and cannabis-related impaired
driving and may contract with one or more vendors to implement the
campaign.The Department of Highway Safety and Motor Vehicles may use
television messaging,radio broadcasts,print media,digital strategies,social
media,and any other form of messaging deemed necessary and appropriate
by the department to implement the campaign.
(b)At a minimum,the Department of Highway Safety and Motor
Vehicles or a contracted vendor shall establish baseline data on the number
of marijuana-related citations for driving under the influence,marijuana-
related traffic arrests,marijuana-related traffic accidents,and marijuana-
related traffic fatalities,and shall track these measures annually thereafter.
The Department of Highway Safety and Motor Vehicles or a contracted
vendor shall annually evaluate and compile a report on the efficacy of the
campaign based on those measures and other measures established by the
Department of Highway Safety and Motor Vehicles.By January 31 of each
year,the Department of Highway Safety and Motor Vehicles shall submit
the report on the evaluation of the campaign to the Governor,the President
of the Senate,and the Speaker of the House of Representatives.
Section 8.Subsection (1)of section 385.211,Florida Statutes,is amended
to read:
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385.211 Refractory and intractable epilepsy treatment and research at
recognized medical centers.—
(1)As used in this section,the term “low-THC cannabis”means “low-
THC cannabis”as defined in s.381.986 that is dispensed only from a
dispensing organization as defined in former s.381.986,Florida Statutes
2016,or a medical marijuana treatment center as defined in s.381.986.
Section 9.Paragraphs (b)through (e)of subsection (2)of section
499.0295,Florida Statutes,are redesignated as paragraphs (a)through
(d),respectively,and present paragraphs (a)and (c)of that subsection,and
subsection (3)of that section are amended,to read:
499.0295 Experimental treatments for terminal conditions.—
(2)As used in this section,the term:
(a)“Dispensing organization”means an organization approved by the
Department of Health under s.381.986(5)to cultivate,process,transport,
and dispense low-THC cannabis,medical cannabis,and cannabis delivery
devices.
(b)(c)“Investigational drug,biological product,or device”means:
1.a drug,biological product,or device that has successfully completed
phase 1 of a clinical trial but has not been approved for general use by the
United States Food and Drug Administration and remains under investiga-
tion in a clinical trial approved by the United States Food and Drug
Administration;or
2.Medical cannabis that is manufactured and sold by a dispensing
organization.
(3)Upon the request of an eligible patient,a manufacturer may,or upon
a physician’s order pursuant to s.381.986,a dispensing organization may:
(a)Make its investigational drug,biological product,or device available
under this section.
(b)Provide an investigational drug,biological product,or device,or
cannabis delivery device as defined in s.381.986 to an eligible patient
without receiving compensation.
(c)Require an eligible patient to pay the costs of,or the costs associated
with,the manufacture of the investigational drug,biological product,or
device,or cannabis delivery device as defined in s.381.986.
Section 10.Subsection (3)of section 893.02,Florida Statutes,is amended
to read:
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893.02 Definitions.—The following words and phrases as used in this
chapter shall have the following meanings,unless the context otherwise
requires:
(3)“Cannabis”means all parts of any plant of the genus Cannabis,
whether growing or not;the seeds thereof;the resin extracted from any part
of the plant;and every compound,manufacture,salt,derivative,mixture,or
preparation of the plant or its seeds or resin.The term does not include
“marijuana,”“low-THC cannabis,”as defined in s.381.986,if manufactured,
possessed,sold,purchased,delivered,distributed,or dispensed,in con-
formance with s.381.986.
Section 11.Section 1004.4351,Florida Statutes,is created to read:
1004.4351 Medical marijuana research and education.—
(1)SHORT TITLE.—This section shall be known and may be cited as the
“Medical Marijuana Research and Education Act.”
(2)LEGISLATIVE FINDINGS.—The Legislature finds that:
(a)The present state of knowledge concerning the use of marijuana to
alleviate pain and treat illnesses is limited because permission to perform
clinical studies on marijuana is difficult to obtain,with access to research-
grade marijuana so restricted that little or no unbiased studies have been
performed.
(b)Under the State Constitution,marijuana is available for the
treatment of certain debilitating medical conditions.
(c)Additional clinical studies are needed to ensure that the residents of
this state obtain the correct dosing,formulation,route,modality,frequency,
quantity,and quality of marijuana for specific illnesses.
(d)An effective medical marijuana research and education program
would mobilize the scientific,educational,and medical resources that
presently exist in this state to determine the appropriate and best use of
marijuana to treat illness.
(3)DEFINITIONS.—As used in this section,the term:
(a)“Board”means the Medical Marijuana Research and Education
Board.
(b)“Coalition”means the Coalition for Medical Marijuana Research and
Education.
(c)“Marijuana”has the same meaning as provided in s.29,Art.X of the
State Constitution.
(4)COALITION FOR MEDICAL MARIJUANA RESEARCH AND
EDUCATION.—
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(a)There is established within the H.Lee Moffitt Cancer Center and
Research Institute,Inc.,the Coalition for Medical Marijuana Research and
Education.The purpose of the coalition is to conduct rigorous scientific
research,provide education,disseminate research,and guide policy for the
adoption of a statewide policy on ordering and dosing practices for the
medical use of marijuana.The coalition shall be physically located at the H.
Lee Moffitt Cancer Center and Research Institute,Inc.
(b)The Medical Marijuana Research and Education Board is established
to direct the operations of the coalition.The board shall be composed of seven
members appointed by the chief executive officer of the H.Lee Moffitt
Cancer Center and Research Institute,Inc.Board members must have
experience in a variety of scientific and medical fields,including,but not
limited to,oncology,neurology,psychology,pediatrics,nutrition,and
addiction.Members shall be appointed to 4-year terms and may be
reappointed to serve additional terms.The chair shall be elected by the
board from among its members to serve a 2-year term.The board shall meet
at least semiannually at the call of the chair or,in his or her absence or
incapacity,the vice chair.Four members constitute a quorum.A majority
vote of the members present is required for all actions of the board.The
board may prescribe,amend,and repeal a charter governing the manner in
which it conducts its business.A board member shall serve without
compensation but is entitled to be reimbursed for travel expenses by the
coalition or the organization he or she represents in accordance with s.
112.061.
(c)The coalition shall be administered by a coalition director,who shall
be appointed by and serve at the pleasure of the board.The coalition director
shall,subject to the approval of the board:
1.Propose a budget for the coalition.
2.Foster the collaboration of scientists,researchers,and other appro-
priate personnel in accordance with the coalition’s charter.
3.Identify and prioritize the research to be conducted by the coalition.
4.Prepare the Medical Marijuana Research and Education Plan for
submission to the board.
5.Apply for grants to obtain funding for research conducted by the
coalition.
6.Perform other duties as determined by the board.
(d)The board shall advise the Board of Governors,the State Surgeon
General,the Governor,and the Legislature with respect to medical
marijuana research and education in this state.The board shall explore
methods of implementing and enforcing medical marijuana laws in relation
to cancer control,research,treatment,and education.
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(e)The board shall annually adopt a plan for medical marijuana
research,known as the “Medical Marijuana Research and Education
Plan,”which must be in accordance with state law and coordinate with
existing programs in this state.The plan must include recommendations for
the coordination and integration of medical,pharmacological,nursing,
paramedical,community,and other resources connected with the treatment
of debilitating medical conditions;research related to the treatment of such
medical conditions;and education.
(f)By February 15 of each year,the board shall issue a report to the
Governor,the President of the Senate,and the Speaker of the House of
Representatives on research projects,community outreach initiatives,and
future plans for the coalition.
(g)Beginning January 15,2018,and quarterly thereafter,the Depart-
ment of Health shall submit to the board a data set that includes,for each
patient registered in the medical marijuana use registry,the patient’s
qualifying medical condition and the daily dose amount and forms of
marijuana certified for the patient.
(5)RESPONSIBILITIES OF THE H.LEE MOFFITT CANCER CEN-
TER AND RESEARCH INSTITUTE,INC.—The H.Lee Moffitt Cancer
Center and Research Institute,Inc.,shall allocate staff and provide
information and assistance,as the coalition’s budget permits,to assist the
board in fulfilling its responsibilities.
Section 12.Subsection (1)of section 1004.441,Florida Statutes,is
amended to read:
1004.441 Refractory and intractable epilepsy treatment and research.
(1)As used in this section,the term “low-THC cannabis”means “low-
THC cannabis”as defined in s.381.986 that is dispensed only from a
dispensing organization as defined in former s.381.986,Florida Statutes
2016,or a medical marijuana treatment center as defined in s.381.986.
Section 13.Subsection (8)is added to section 1006.062,Florida Statutes,
to read:
1006.062 Administration of medication and provision of medical services
by district school board personnel.—
(8)Each district school board shall adopt a policy and a procedure for
allowing a student who is a qualified patient,as defined in s.381.986,to use
marijuana obtained pursuant to that section.Such policy and procedure
shall ensure access by the qualified patient;identify how the marijuana will
be received,accounted for,and stored;and establish processes to prevent
access by other students and school personnel whose access would be
unnecessary for the implementation of the policy.
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Section 14.Department of Health;authority to adopt rules;cause of
action.—
(1)EMERGENCY RULEMAKING.—
(a)The Department of Health and the applicable boards shall adopt
emergency rules pursuant to s.120.54(4),Florida Statutes,and this section
necessary to implement ss.381.986 and 381.988,Florida Statutes.If an
emergency rule adopted under this section is held to be unconstitutional or
an invalid exercise of delegated legislative authority,and becomes void,the
department or the applicable boards may adopt an emergency rule pursuant
to this section to replace the rule that has become void.If the emergency rule
adopted to replace the void emergency rule is also held to be unconstitutional
or an invalid exercise of delegated legislative authority and becomes void,
the department and the applicable boards must follow the nonemergency
rulemaking procedures of the Administrative Procedures Act to replace the
rule that has become void.
(b)For emergency rules adopted under this section,the department and
the applicable boards need not make the findings required by s.120.54(4)(a),
Florida Statutes.Emergency rules adopted under this section are exempt
from ss.120.54(3)(b)and 120.541,Florida Statutes.The department and the
applicable boards shall meet the procedural requirements in s.120.54(a),
Florida Statutes,if the department or the applicable boards have,before the
effective date of this act,held any public workshops or hearings on the
subject matter of the emergency rules adopted under this subsection.
Challenges to emergency rules adopted under this subsection are subject
to the time schedules provided in s.120.56(5),Florida Statutes.
(c)Emergency rules adopted under this section are exempt from s.
120.54(4)(c),Florida Statutes,and shall remain in effect until replaced by
rules adopted under the nonemergency rulemaking procedures of the
Administrative Procedures Act.By January 1,2018,the department and
the applicable boards shall initiate nonemergency rulemaking pursuant to
the Administrative Procedures Act to replace all emergency rules adopted
under this section by publishing a notice of rule development in the Florida
Administrative Register.Except as provided in paragraph (a),after January
1,2018,the department and applicable boards may not adopt rules pursuant
to the emergency rulemaking procedures provided in this section.
(2)CAUSE OF ACTION.—
(a)As used in s.29(d)(3),Article X of the State Constitution,the term:
1.“Issue regulations”means the filing by the department of a rule or
emergency rule for adoption with the Department of State.
2.“Judicial relief”means an action for declaratory judgment pursuant to
chapter 86,Florida Statutes.
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(b)The venue for actions brought against the department pursuant to s.
29(d)(3),Article X of the State Constitution shall be in the circuit court in
and for Leon County.
(c)If the department is not issuing patient and caregiver identification
cards or licensing medical marijuana treatment centers by October 3,2017,
the following shall be a defense to a cause of action brought under s.29(d)(3),
Article X of the State Constitution:
1.The department is unable to issue patient and caregiver identification
cards or license medical marijuana treatment centers due to litigation
challenging a rule as an invalid exercise of delegated legislative authority or
unconstitutional.
2.The department is unable to issue patient or caregiver identification
cards or license medical marijuana treatment centers due to a rule being
held as an invalid exercise of delegated legislative authority or unconstitu-
tional.
Section 15.Department of Law Enforcement;training related to medical
use of marijuana.—The Department of Law Enforcement shall develop a 4-
hour online initial training course,and a 2-hour online continuing education
course,which shall be made available for use by all law enforcement
agencies in this state.Such training shall cover the legal parameters of
marijuana-related activities governed by ss.381.986 and 381.988,Florida
Statutes,relating to criminal laws governing marijuana.
Section 16.Section 385.212,Florida Statutes,is amended to read:
385.212 Powers and duties of the Department of Health;Office of
Medical Marijuana Compassionate Use.—
(1)The Department of Health shall establish an Office of Medical
Marijuana Compassionate Use under the direction of the Deputy State
Health Officer.
(2)The Office of Medical Marijuana Compassionate Use may enhance
access to investigational new drugs for Florida patients through approved
clinical treatment plans or studies.The Office of Medical Marijuana
Compassionate Use may:
(a)Create a network of state universities and medical centers recognized
pursuant to s.381.925.
(b)Make any necessary application to the United States Food and Drug
Administration or a pharmaceutical manufacturer to facilitate enhanced
access to medical compassionate use of marijuana for Florida patients.
(c)Enter into any agreements necessary to facilitate enhanced access to
medical compassionate use of marijuana for Florida patients.
Ch.2017-232 LAWS OF FLORIDA Ch.2017-232
46
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(3)The department may adopt rules necessary to implement this
section.
(4)The Office of Medical Marijuana Use shall administer and enforce s.
381.986.
Section 17.If any provision of this act or its application to any person or
circumstance is held invalid,the invalidity does not affect other provisions or
applications of this act which can be given effect without the invalid
provision or application,and to this end the provisions of this act are
severable.
Section 18.The Division of Law Revision and Information is directed to
replace the phrase “the effective date of this act”wherever it occurs in this
act with the date the act becomes a law.
Section 19.(1)For the 2017-2018 fiscal year,55 full-time equivalent
positions,with associated salary rate of 2,198,860,are authorized and the
sums of $3.5 million in nonrecurring funds from the General Revenue Fund
and $4,055,292 in recurring funds and $1,238,148 in nonrecurring funds
from the Grants and Donations Trust Fund are appropriated to the
Department of Health for the purpose of implementing the requirements
of this act.Of the funds appropriated,$3,158,572 in recurring funds and
$1,238,148 in nonrecurring funds from the Grants and Donations Trust
Fund and 27 full-time equivalent positions shall be placed in reserve.The
Department of Health is authorized to submit budget amendments
requesting the release of funds being held in reserve pursuant to chapter
216,Florida Statutes contingent upon need and demonstration of fee
collections to support the budget authority.
(2)For the 2017-2018 fiscal year,the sum of $500,000 in nonrecurring
funds from the General Revenue Fund is appropriated to the Department of
Health to implement the statewide cannabis and marijuana education and
illicit use prevention campaign established under s.381.989,Florida
Statutes.
(3)For the 2017-2018 fiscal year,the sum of $5 million in nonrecurring
funds from the Highway Safety Operating Trust Fund are appropriated to
the Department of Highway Safety and Motor Vehicles to implement the
statewide impaired driving education campaign established under s.
381.989,Florida Statutes.
(4)For the 2017-2018 fiscal year,the sum of $100,000 in recurring funds
from the Highway Safety Operating Trust Fund is appropriated to the
Department of Highway Safety and Motor Vehicles for the purpose of
training additional law enforcement officers as drug recognition experts.
(5)For the 2017-2018 fiscal year,the sum of $750,000 in nonrecurring
funds from the General Revenue Fund is provided for the Coalition for
Ch.2017-232 LAWS OF FLORIDA Ch.2017-232
47
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Medicinal Cannabis Research and Education at the H.Lee Moffitt Cancer
Center and Research Institute,Inc.,to conduct medical cannabis research.
Section 20.This act shall take effect upon becoming a law.
Approved by the Governor June 23,2017.
Filed in Office Secretary of State June 23,2017.
Ch.2017-232 LAWS OF FLORIDA Ch.2017-232
48
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Governmental Entity Entity's Decision Date
Indian River County Prohibited Medical Marijuana
Dispensaries 8/15/2017
Martin County *as of 9/20/17 - nothing new adopted*
City of Vero Beach
*Ordinance not adopted yet* - Banning
Marijuana Treatment Center Dispensing
Facilities is in the best interest of the
public and the community since the City
is prohibited from having more stringent
regulations. The draft ordinance went
before the P&Z Board on 9/21/17 and
passed with a 3-0 vote and for the first
reading before the City Council on
October 17, 2017.
City of Fort Pierce
Held a Medical Marijuana Workshop on
August 24, 2017. As of 9/29/17, no
decision made at this time.
City of Port St. Lucie
To ensure the City is in compliance with
the amended statute and based
upon the recommendation of City staff,
medical marijuana dispensing facilitates,
like pharmacies, should be allowed in the
General Commercial Zoning District (CG)
as a permitted use and Service
Commercial Zoning District (CS) as a
special
exception while medical marijuana
dispensing organizations should be
allowed in
the Industrial Zoning District (IN). Council
Agenda Item 10i, Meeting date July 24,
2017
8/14/17
Medical Marijuana Dispensaries
4.B.c
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PLANNING AND ZONING BOARD MINUTES
THURSDAY, SEPTEMBER 21, 2017 - 1:30 PM
CITY HALL, COUNCIL CHAMBERS, VERO BEACH, FLORIDA
PRESENT: Chairwoman, Honey Minuse; Vice Chairwoman, Linda Hillman; and Alternate
Member #2, Ken Daige Also Present: Planning and Development Director, Mr. Tim McGarry;
Assistant City Attorney, Kira Honse, and Deputy City Clerk, Sherri Philo
Excused Absences: Dr. Val Zudans, Lawrence Lauffer and Richard Cahoy
Mrs. Minuse took a moment to recognize Mr. John Kim, Board member, who passed away this
week. She stated that Mr. Kim was very engaged in the community. He was a wonderful, bright,
energetic young man who added a lot to the Board’s discussions. He had a very promising life ahead
of him. Their heart goes out to his family. She asked for a moment of silence at this time to honor
his memory.
I. PRELIMINARY MATTERS
A) Agenda Additions and/or Deletions
None
II. APPROVAL OF MINUTES
A) Regular Meeting – August 21, 2017
Mrs. Hillman referred to page 2 of the August 21, 2017 Planning and Zoning Board meeting
minutes. She noted that the second sentence in the first paragraph states “he questioned” and it
should state “she questioned.”
Mrs. Hillman made a motion to approve the minutes of the August 17, 2017 Planning and
Zoning Board meeting as amended. Mr. Daige seconded the motion and it passed
unanimously.
III. PUBLIC COMMENT
Mr. Jay Kramer said that he is trying to get caught up on City events. He appreciated the three (3)
members for attending today’s meeting.
IV. PUBLIC HEARING
[Legislative]
A. An Ordinance of the City of Vero Beach, Florida, Amending
Provisions of Chapter 63, Off-Street Parking and Loading
Requirements; Providing for Conflict and Severability; Providing for
Codification; and Providing for an Effective Date.
The Chairwoman read the Ordinance by title only.
Mr. Tim McGarry, Planning and Development Director, went over staff’s report with the
1 09/21/17 P&Z
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Board members (attached to the original minutes). Based on staff’s findings, staff
recommends Planning and Zoning Board approval of the draft Ordinance for transmittal
to the City Council for favorable action.
Mrs. Minuse said the proposed Ordinance reflects what the Board has previously
discussed.
Mr. Daige agreed. He referred to page two (2) of staff’s report, where it states,
“Consistency with the Comprehensive Plan.” He asked what is the date of the Plan they
are working from.
Mr. McGarry said it is the 1992 Comprehensive Plan, which is the Plan currently in
place.
At this time, a brief discussion took place regarding the Comprehensive Plan.
The Chairwoman opened and closed the public hearing at 1:53 p.m., with no one wishing
to speak.
Mrs. Hillman made a motion to approve the Ordinance amending provision of Chapter 65, Off-Street Parking and Loading Requirements as presented by staff.
Mr. Daige seconded the motion and it passed 3-0 with Mr. Daige voting yes, Mrs.
Hillman yes, and Ms. Minuse yes.
Legislative]
B. An Ordinance of the City of Vero Beach, Florida, Amending Chapter 34: Offenses – Miscellaneous and Chapter 62: Nonresidential
Districts Relating to Medical Marijuana Treatment Center
Dispensing Facilities; Providing for Conflict and Severability;
Providing for Codification; and Providing for an Effective Date.
The Chairwoman read the Ordinance by title only.
Mr. McGarry went over staff’s report with the Board members (attached to the original
minutes). Staff recommends Planning and Zoning Board approval of the draft Ordinance
for transmittal to the City Council for favorable action.
Mr. McGarry noted that a permit has not yet been pulled for the one (1) site that was
previously approved for a Medical Marijuana Treatment Center. He said they are close
to the permitting being terminated.
Mrs. Minuse asked what happens if the permit expires and they still want to open the
business.
Mr. McGarry said they would not be allowed. He explained that they are protected as
long as they have a valid permit. He said they were allowed six (6) months to pull a
building permit and then they would have two (2) years to complete the project.
Mrs. Minuse said the Ordinance does not always reference the full name, which is
Medical Marijuana Treatment Center Dispensing Facility. She referred to the seventh
line of the title of the Ordinance where it states “prohibiting marijuana treatment center
2 09/21/17 P&Z
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dispensing facilities” stating the word “medical” should be listed.
Staff agreed. They will amend the Ordinance to ensure the full name is listed throughout
the Ordinance.
The Chairwoman opened and closed the public hearing at 2:04 p.m., with no one wishing
to be heard.
Mrs. Hillman made a motion to approve the Ordinance with the changes made.
Mr. Daige seconded the motion and it passed 3-0 with Mr. Daige voting yes, Mrs.
Hillman yes, and Mrs. Minuse yes.
V. PLANNING DEPARTMENT MATTERS Mr. McGarry reported that amendment to the Telecommunication Ordinance will be coming before
the Board at their next meeting.
Mr. McGarry reported that he will be working on changes to the proposed Comprehensive Plan with
the City Manager and the Mayor.
At this time, discussion took place regarding the recent City Council meeting on the Comprehensive
Plan and the process for submittal of the Plan.
VI. BOARD MEMBERS’ MATTERS
None
VII. ADJOURNMENT
Today’s meeting adjourned at 2:23 p.m.
/sp
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Medical Marijuana Dispensary
PermittedUseStudy MAP
500footbufferswereconstructedaroundSchools
K -12, bothPublicandPrivate.
AllCGandCNZonedParcelslyingoutsideschool
bufferswereextractedforanalysis. Thereare
atotalof992parcelsinSLCwherepharmacies
areallowedasapermitteduse.
CGZonedParcels - 798
CNZonedParcels - 194
CG (CommercialGeneral) Zoning
CN (CommercialNeighborhood) Zoning
StLucieBlvd
Schoolsw/ 500ftBuffers
OrangeAve
MidwayRd
PrimaVistaBlvd
WaltonRd
PortStLucieBlvd
MapupdatedJuly3, 2017
7 01.53
Miles
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1
ORDINANCE 17-XXX
AN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY COMMISSIONERS
AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO
ADDRESS MEDICAL MARIJUANA DISPENSARIES; BY AMENDING SECTION
3.01.03 ZONING DISTRICTS ALLOWING LOW THC AND MEDICAL
MARIJUANA DISPENSARIES AS A PERMITTED USE IN CG, COMMERCIAL
GENERAL ZONING DISTRICTS AND CN, COMMERCIAL NEIGHBORHOOD;
PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;
PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE;
WHEREAS, the voters of the State of Florida were presented a Constitutional amendment question on the
November 4, 2016 general election ballot that approved by over 60% of the votes, legalized marijuana for medical
purposes; and,
Whereas, the Legislature during a special session provided that medical marijuana dispensaries are to be
able to locate where pharmacies licensed under chapter 465.
WHEREAS, the Board of County Commissioners (“Board”) has determined that is in the best interests of the
citizenry and general public to regulate the location of medical marijuana dispensaries; and,
WHEREAS, the Board has the responsibility and authority to determine which zoning categories and which
land use categories are the best suited for specific purposes, such as the establishment of medical marijuana
dispensaries; and,
WHEREAS, this ordinance is enacted in the interest of the public health, peace, safety, and general welfare
of the citizens and inhabitants of St. Lucie County, Florida, pursuant to Article VIII, Section 1 (f), Florida Constitution
and Section 125.01, Florida Statutes.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA:
PART A.
THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE
TO READ AS FOLLOWS:
CHAPTER III ZONING DISTRICTS
3.01.03. Zoning Districts
A. - P. NO CHANGE
Q. CN, Commercial Neighborhood
2. Permitted Uses
a. – h. NO CHANGE
i. – Low THC and medical marijuana dispensing facility
b. The facility may not be located within 500 feet of the real property that comprises a public or private
elementary school, middle school, or secondary school.
R. NO CHANGE
S. CG, Commercial General
2. Permitted Uses
a. – xx. NO CHANGE
yy. – Low THC and Medical Marijuana dispensing facility subject to the requirements of Section 7.10.33
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b. The facility may not be located within 500 feet of the real property that comprises a public or private
elementary school, middle school’ or secondary school.
CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS
7.00.00 GENERAL PROVISIONS
7.10.00 Supplemental Standards
Section 7.10.00 is hereby amended to create a new Section 7.10.33 Medical Marijuana Dispensary as follows:
7.10.33 – LOW-THC CANNABIS AND MEDICAL CANNABIS DISPENSING FACILITIES
A. – Intent.
Section 381.986, Florida Statutes, and Florida Administrative Code Chapter 64-4 authorize a limited number
of dispensing organizations throughout the State of Florida to cultivate, process, and dispense low-
tetrahydrocannabinol (low-THC) cannabis and medical cannabis for use by qualified patients suffering from
cancer, terminal conditions, and certain chronic conditions. The dispensing organizations must be approved
by the Florida Department of Health and, once approved, are subject to state regulation and oversight.
The intent of this article is to establish the criteria for the location and permitting of establishments that
dispense low-THC cannabis or medical cannabis in accordance with Section 381.986, Florida Statutes, and
Florida Administrative Code Chapter 64-4.
B. – Applicability.
The provisions of this article shall be applicable in the unincorporated areas of St. Lucie County. This article
shall only be construed to allow the dispensing of low-THC cannabis or medical cannabis by a state-
approved dispensing organization for medical use. The sale of cannabis or marijuana is prohibited in St.
Lucie County except in accordance with this article.
C. – Zoning districts where dispensing allowed.
Only in accordance with the requirements of this article and the applicable zoning district, dispensing of
low-THC or medical cannabis shall be permitted in: Commercial General, (CG) zoning districts.
D. – Zoning requirements for dispensing facilities.
Low-THC and medical cannabis dispensing facilities shall comply with the following requirements:
(A) No low-THC or medical cannabis dispensing facility shall be located within:
(1) 1,000 feet of any kindergarten, elementary school, middle school, junior high school, high
school, licensed daycare facility, religious institution or liquor store, park and five (5) miles
from any other low-THC or medical cannabis dispensing facility.
(B) Distances between low-THC or medical cannabis dispensing facilities shall be measured by
drawing a straight line between property lines. The distance from a kindergarten, elementary
school, middle school, junior high school, high school, licensed daycare facility, religious
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institution or liquor store shall be measured by following a straight line between property
lines. Distance from a park shall be measured by following a straight line between property
lines.
(C) Dispensing of, payment for, and receipt of low-THC or medical cannabis is prohibited
anywhere outside of the dispensing facility, including, but not limited to, on sidewalks, in
parking areas, or in the rights-of-way surrounding the dispensing facility; provided, however,
this provision shall not be construed to prohibit delivery of low-THC or medical cannabis to an
eligible patient, as permitted by state law or rule.
(D) Consumption of low-THC or medical cannabis or alcoholic beverages is prohibited onsite at
the dispensing facility, including, but not limited to, in the parking areas, sidewalks, or rights-
of-way surrounding the dispensing facility; provided, however, this provision shall not be
construed to prohibit consumption associated with a dispensing facility employee, trained by
a medical professional such as a doctor, nurse, pharmacist, or medical or physician’s assistant,
instructing an eligible patient on the mechanism of consumption of low-THC or medical
cannabis, as permitted by state law or rule.
(E) Facilities dispensing low-THC or medical cannabis shall only be allowed to dispense between
the hours of 7:00 a.m. and 9:00 p.m. daily.
(F) Maintain approval as a dispensing organization by the State of Florida, Department of Health,
Office of Compassion Use and comply with administrative regulations establishing a certificate
of approval process similar to the approval process for zoning compliance as set out Section
11.05.00 in St. Lucie Land Development Code.
(G) During business hours and other times of apparent activity, all approved premises shall be
subject to inspection by the fire chief, the building official, code enforcement officer, county
sheriff and police.
E. – Dispensing facilities must comply with Florida Statutes including but not limited to Section 381.986
and Florida Administration Rules to ensure the safety and security of their premises.
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County,
County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded
by this ordinance to the extent of such conflict.
PART C. SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any
provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not
affect its applicability to any other person, property, or circumstance.
PART D. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART E. CODIFICATION.
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It is the intention of the Board of County Commissioners, and it is hereby ordained that the
provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that
the Sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word
“Ordinance” shall be changed to “Section’ or other appropriate word.
PART F. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
PART G. EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PART H. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Commissioner Chris Dzadovsky, Chairman XXX
Commissioner Tod Mowery, Vice Chairman XXX
Commissioner Linda Bartz XXX
Commissioner Frannie Hutchinson XXX
Commissioner Cathy Townsend XXX
PASSED AND DULY ADOPTED this ______ day of _________________, 2017.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
______________________________ BY: _____________________________
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY: _____________________________
County Attorney
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Suggested motion to recommend approval/denial
MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC
HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS
SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT
CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION
RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPT AN ORDINANCE DESIGNATING THE ZONING DISTRICTS
FOR THE PERMITTED USE OF MEDICAL MARIJUANA TREATMENT CENTER
DISPENSING FACILITIES…. [CITE REASONS]
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC
HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS
SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT
CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION
RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS DENY AN ORDINANCE DESIGNATING THE ZONING DISTRICTS
FOR THE PERMITTED USE OF MEDICAL MARIJUANA TREATMENT CENTER
DISPENSING FACILITIES…. [CITE REASONS]
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