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ORDINANCE NO. 2016 - <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 315.02 <br />(DEFINITIONS) AND SECTION 315.03 (PROHIBITED ACTIVITIES) OF <br />CHAPTER 315 (PAIN MANAGEMENT CLINICS, CONTROLLED <br />SUBSTANCES AND MEDICAL MARIJUANA) OF THE CODE OF INDIAN <br />RIVER COUNTY, FLORIDA TO REVISE THE DEFINITION OF A <br />MEDICAL MARIJUANA TREATMENT CENTER AND CLARIFY THE <br />PROHIBITED ACTIVITIES; AND PROVIDING FOR SEVERABILITY, <br />CODIFICATION AND AN EFFECTIVE DATE. <br />WHEREAS, the Indian River County Board of County Commissioners previously <br />adopted regulations concerning medical marijuana treatment centers in the event <br />Amendment 2 was approved by the voters; and <br />WHEREAS, the Indian County Board of County Commissioners desires to clarify <br />certain aspects of such regulations including the prohibition on cultivating marijuana <br />within Indian River County, unless otherwise exempted per section 381.986, Florida <br />Statutes; <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: <br />Section 1. Enactment Authority. <br />Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest <br />broad home rule powers in counties to enact ordinances, not inconsistent with general or <br />special law, for the purpose of protecting the public health, safety and welfare of the <br />residents of the county. The Board specifically determines that the enactment of this <br />ordinance is necessary to protect the health, safety and welfare of the residents of Indian <br />River County. <br />Section 2. Legislative Findings. <br />The Board finds that the "Whereas" clauses above are true and correct, and hereby <br />incorporates such clauses as the legislative findings of the Board. <br />Section 3. Amendment of Section 315.02 (Definitions) and Section 315.03 <br />(Prohibited Activities) of Chapter 312 (Pain Management Clinics Controlled <br />Substances and Medical Marijuana). <br />New language indicated by underline, and deleted language indicated by stinikethFough. <br />1 <br />132 <br />