Broward County Commission Regular Meeting

MOTION TO ADOPT Resolution No. 2018-024 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, February 6, 2018, at 10:00 a.m., in Room 422 of the Governmental Center to consider enactment of a proposed Ordinance, the title of which is as follows:
 
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE MEDICAL MARIJUANA ADVISORY BOARD; AMENDING SECTION 1-310 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"), MODIFYING TITLE OF CONSUMER ADVOCATE MEMBERSHIP CATEGORY AND ESTABLISHING REQUIREMENTS FOR QUALIFIED PATIENT ADVOCATE MEMBER; PROVIDING FOR DESIGNATION OF PREVIOUSLY APPOINTED MEMBER AS QUALIFIED PATIENT ADVOCATE; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

 

(Sponsored by Commissioner Nan H. Rich)
 

ACTION:  (T-10:26 AM)  Approved with the Yellow-Sheeted Additional Material, dated Tuesday, January 23, 2018, submitted at the request of the Office of the County Attorney.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

The proposed Ordinance was prepared by the Office of the County Attorney at the direction of the Board of County Commissioners at its meeting of December 5, 2017.

Amends Section 1-310 of the Broward County Code of Ordinances to change the title of the "consumer advocate" position on the Medical Marijuana Advisory Board to a "qualified patient advocate" position and establish requirements for a qualified patient advocate member. It provides that any person appointed to the consumer advocate position prior to the effective date of the proposed Ordinance shall be deemed to have been appointed to the qualified patient advocate position, upon confirmation that the person meets the membership requirements of this Ordinance.

Section 1-309, et seq., of the Broward County Code of Ordinances ("Code") provides for a Medical Marijuana Advisory Board ("MMAB") to serve in an advisory capacity to the Board of County Commissioners on all matters related to medical marijuana. Section 1-310 of the Code provides for membership of the MMAB, including one at large consumer advocate member who was intended to represent the interests of persons for whom medical marijuana is ordered and who legally use medical marijuana. Section 381.986, Florida Statutes, defines a "qualified patient" as a person 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. 
 
The proposed Ordinance changes the title of the "consumer advocate" position to "qualified patient advocate," providing consistency with the terminology of Section 381.986, Florida Statutes, and requires that the qualified patient advocate be a "qualified patient," "caregiver," or "close relative" of a qualified patient, as defined in Section 381.986, Florida Statutes. The proposed Ordinance also provides that any person appointed to the consumer advocate position prior to the effective date of the proposed Ordinance shall be deemed to have been appointed to the qualified patient advocate position upon confirmation that the person meets the qualifications for the qualified patient advocate position.

Maite Azcoitia, Deputy County Attorney, (954) 357-7600