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ORDINANCE NO. 2017 - SOC AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROHIBITING MEDICAL MARIJUANA TREATMENT CENTERS OR MEDICAL MARIJUANA DISPENSING FACILITIES FROM BEING LOCATED WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF SUNNY ISLES BEACH,PROVIDING FOR LEGISLATIVE FINDINGS, INTENT AND PURPOSE; PROVIDING FOR CONFLICT; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,by Ordinance No. 2017-491,passed and adopted on second reading on January 19, 2017, the City Commission imposed a moratorium on the issuance of licenses or permits for marijuana dispensing facilities; and WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, the City of Sunny Isles Beach, Florida, is authorized and required to protect the public health, safety, and welfare of its residents and has the power and authority to enact regulations for valid governmental purposes that are consistent with general or special law; and WHEREAS, enacting legislation for the public health, safety, and welfare is a legitimate public purpose recognized by Florida courts; and WHEREAS, on June 9, 2017, the Florida Legislature passed and adopted a new medical marijuana reform Bill, i.e. Senate Bill 8-A, 3`d Engrossed; and WHEREAS, on June 23, 2017, Florida Governor Rick Scott signed Senate Bill No. 8-A, 3rd Engrossed, into Florida law; and WHEREAS,under the newly enacted Senate Bill,the regulatory framework for cultivating, processing, and delivering marijuana by medical marijuana treatment center dispensing facilities is preempted to the state of Florida with certain exceptions; and WHEREAS, a primary exception to this preemption is the ability of a county or a municipality to ban medical marijuana treatment dispensing facilities from being located within the boundaries of that county or municipality; and WHEREAS, the City Commission has determined that the effects of medical marijuana treatment center dispensing facilities, as they relate to crime, demand on City services, surrounding property values,traffic and congestion,are detrimental to the health, safety and welfare of the City's residents and visitors; and WHEREAS, the City Commission wishes to use its authority pursuant to Florida Senate Bill No. 8-A, § 3 (2017),to ban medical marijuana treatment center dispensing facilities from being located within the corporate boundaries of Sunny Isles Beach. 1