FLORIDA – The Medical Marijuana Legalization Initiative approved by Florida voters in November took effect Jan. 3, and state health officials and lawmakers have until July 3 to develop the state laws and regulations to govern the new medical marijuana program.

On Jan, 17, The Florida Department of Health (FDOH) released a report containing its initial proposed rules for the production, distribution and acquisition of medical marijuana.

The proposed rules mirror some of what is already contained Florida State Statute 381.986, which currently applies to low THC marijuana prescribed for patients with seizures or advanced stages of cancer.

THC is the agent in marijuana that produces the euphoric high and the low THC strain prevents or limits that effect.

The FDOH report recommends the following medical conditions would qualify a person to be prescribed full-strength medical marijuana: cancer, epilepsy, glaucoma, HIV/AIDS, post-traumatic stress disorder, ALS, Crohn's disease, Parkinson's disease, multiples sclerosis and other comparable debilitating medical conditions, as determined by the Florida Board of Medicine.

Patients would have to first obtain a state-issued Compassionate Use Registry Identification Card.

"A physical certification may only be provided after the physician has conducted a physical examination and a full assessment of the medical history of a patient," the report states, noting that patients under 21 would need the consent of a parent or legal guardian.

The FDOH report recommends a 45-day supply of medicinal marijuana prescribed by a state-certified physician and provided by a certified caregiver (dispensary owner or employee) who is at least 21 and has passed a level 1 background screening.

In 2015, five Florida nurseries were selected to serve as authorized growers of low THC marijuana. Since then, two more nurseries have been approved. The grower closest to the Island is in Polk County and the nearest existing dispensary for low THC marijuana is in Tampa.

It is not yet known if additional growers will be permitted, but the AltMed company in Sarasota is among those interesting in becoming part of Florida' medical marijuana industry.

When asked about the FDOH report, AltMed Marketing Director Todd Beckwith said, "Until the House and Senate establish the rules it would be premature to comment. We are confident Florida legislators will establish a robust medical cannabis program to meet the needs of Florida patients and comply with the intent of Constitutional Amendment 2."

As part of this process, FDOH will host public hearings throughout the state, including one in Tampa on Feb. 8, from 9 to 11 a.m. at FDOH's Tampa Branch Laboratory, 3602 Spectrum Blvd.

Public comment can also be provided online at www.floridahealth.gov/programs-and-services/office-of-compassionate-use/comment-form/index.html

Local prohibition

Last week, the city of Bradenton Beach adopted an ordinance that prohibits the cultivation, processing, dispensing and sale of marijuana. That ordinance was based in part on the ordinance the Anna Maria Commission adopted before the November elections. The Holmes Beach Commission is now working on its ordinance.

Elected officials in all three cities decided to prohibit medical marijuana dispensaries even though more than 70 percent of the Island's residents who participated in the November election supported the initiative. Voter support was 68 percent in Anna Maria, 73 percent in Holmes Beach, 79 percent in Bradenton Beach and 69 percent countywide.

The local prohibitions mean those prescribed medical marijuana will have to leave the Island to fill their prescriptions. It's possible the prohibitions based on federal law that deems marijuana illegal may face legal challenges based on the new state laws enacted later this year.

In October, the Manatee County Commission adopted a temporary 180-day moratorium that provides the county six-months to create county regulations to work in in unison with state laws and regulations. It was stated then that the county's intent was not to enact an outright prohibition on medical marijuana dispensaries, but to determine where in unincorporated Manatee County they could be located, similar to a bar, liquor store or adult entertainment business.

BRADENTON BEACH – Barring a state mandate or court order, there will be no medical marijuana dispensaries in Bradenton Beach.

Last Thursday, city commissioners unanimously adopted on second and final reading Ordinance 17-478, which prohibits growing, cultivating, processing, dispensing and selling medical marijuana within the city limits.

As a precaution, City Attorney Ricinda Perry included in the ordinance a provision she feels would allow the city to enact a temporary moratorium on dispensaries if the state or the courts rule that local prohibitions are not consistent with the state laws regulations currently being developed.

Before the commissioners voted, Perry provided them with an alternative type of ordinance to consider.

It was sent to her by Margaret Good, an attorney in Sarasota who represents a lobbying and marijuana advocacy firm in south Florida.

"I write to request that you table the second reading of the medical marijuana ban/moratorium until I am able to present you with an alternative. I am working with Igniting Florida, who is working with local governments throughout the state to ensure smart regulation of medical marijuana dispensaries. I am concerned because an outright ban on medical marijuana would likely not stand up to a constitutional challenge, which could leave Bradenton Beach without any regulation of dispensaries," Good's e-mail said.

"I have attached a proposed ordinance that I would like you to consider. In that ordinance, the number of dispensaries authorized in a community is linked to the population. Given Bradenton Beach's size, this would allow for only one dispensary. The ordinance also allows for a competitive process to select the state licensed dispensary that would be allowed to open in your community," Good wrote.

Good's e-mail included copies of Igniting Florida-supported ordinances adopted in Sumter, Glade and Osceola counties.

"I would request that Bradenton Beach consider this proposed ordinance as a simple way to limit medical marijuana dispensaries without the hassle that potential challenges to an outright ban could cause," Good's e-mail concluded.

Vice Mayor John Chappie was the first to comment on the proposed alternative.

"Since this came in at a late hour, I'm hesitant to stop solely based on the name on the e-mail, Igniting Florida. I don't know who she represents. We could delay it and do some research, but my first blush at this is she's not representing what we want to do."

Commissioner Jake Spooner wondered aloud if Good represented a group that hoped to have the one dispensary allowed should the Igniting Florida-supported ordinance be adopted.

Mayor Bill Shearon said, "We've gone this far with it. We need to get it done. We need to get something on the books before somebody does put in an application. Do we even really need a dispensary? We don't even have a drug store here. If someone needs medical marijuana, it's a short trip to someplace else."

Commissioner Ralph Cole noted the ordinance could be amended if it is determined later local prohibitions will not be allowed according to the new state laws developed for the implementation of the medicinal marijuana program supported by the majority of Florida's voters in November.

An Island water taxi may be docking on Anna Maria Island as early as February.

During the Jan. 18 Barrier Island Elected Officials meeting, Holmes Beach Commissioner Carol Soustek said the city was in negotiations with a private vendor to operate a water taxi service from Fort De Soto Park, south of St. Petersburg, to Keyes Marina.

"Holmes Beach is very happy that someone wants to help take cars off the road," Soustek said.

She said the service may start as early as mid-February with a 40-person capacity boat.

Longboat Key Town Manager Dave Bullock said the city is in talks with a company considering offering a restaurant shuttle service by boat from waterfront restaurants on Longboat Key and Anna Maria Island.

Another consideration is a third provider considering offering water taxi service from Sarasota to Longboat Key and Anna Maria Island.

"We'll see if people embrace the service in reality as well as they have in theory," Bullock said.

Soustek said issues with the service include facilities at docking areas and reliable public transportation to ferry passengers from the dock to area attractions.

Bradenton Beach Mayor Bill Shearon said his vision is to have a terminal in each city with a waiting area and facilities that also will serve as a public transportation hub.

Shearon said the Island mayors are working with Manatee County Area Transit to study the Island trolley schedule.

Soustek said the idea would be to split the Anna Maria Island trolley at the Manatee Public Beach in Holmes Beach, instituting a north and south route with two trolleys on each route. The plan would require a fourth trolley, which Shearon said would cost $450,000 to purchase, not including maintenance and staffing.

"We only need it when the weather is nice and on weekends," he said of the extra trolley.

"You have to have continuation from one city to another for this to work," Soustek said.

Longboat Key mayor Terry Gans and Shearon agreed to continue the discussion when Johnson and Murphy could be present.

Are you dreading pollen season because of your allergies?

Eating honey produced by bees that visit local plants may help, according to local beekeeper Alex Ionita, of Pure Florida Apiary in Bradenton.

His local honey is available at Island Mail and More in the Anna Maria Island Shops, 3230 East Bay Drive in Holmes Beach in several flavors, depending on the plants - orange blossom, saw palmetto, Brazilian pepper, wildflower and mangrove.

To make sure the bees are gathering nectar from those plants, he waits until the preferred plants are blooming, then sets the bees and their hives there. About 85-95 percent of each flavor of honey is from that variety of plant, he said, accounting for the bees' occasional wandering.

The honey also is raw, meaning that it is not pasteurized, only filtered.

"It comes right out of the hive," said Ionita, who has been in the commercial beekeeping business for seven years. His mother and sister run a honey shop on Main Street in Bradenton and sell the gooey goody at the Bradenton Farmer's Market every Saturday.

February, March and April are the peak pollen season for bees, and for allergies, although something is blooming all year long in Florida.

"Since I've been in beekeeping, I've had no allergies," Ionita said, adding that he takes one spoonful of honey a day year around, besides taste testing his products, he said.

Ionita works with local orange growers to produce the most popular orange blossom honey. The bees benefit the growers, too, pollenating the trees. Other favorite spots are Robinson Preserve and, until it is developed in the near future, Long Bar Pointe, both well within the 50-mile radius recommended for allergy sufferers.

He no longer keeps bees on the Island because "everything is getting too developed," Ionita said.

After nearly a decade with the Holmes Beach Police Department, Officer T-Rex Ogle is bidding both the department and the community adieu.

"I've really enjoyed it here," he said.

Ogle and his wife are returning to his hometown in Blount County, Tennessee, where he plans to work for the local sheriff's department. He said the move would allow him to be closer to his family.

Ogle retired from the HBPD effective Jan. 19.

"T-Rex was a wonderful employee," Chief Bill Tokajer said. "He will leave a void in the agency in institutional knowledge and skill."

Tokajer said a new officer would be joining the HBPD. As for Ogle, Tokajer said the entire department would miss him.

"We wish him luck in his new endeavors," he said.

It's back to the drawing board for tree house owners Lynn Tran and Richard Hazen.

Holmes Beach building official Jim McGuinness denied the couple's request Jan. 18 for an after the fact building permit for the two-story tree house structure on their property at the Angelino's Sea Lodge, 103 29th St.

In a letter to the couple, McGuinness cites several reasons for the application denial, including elevation, foundation concerns, stability of the structure, building material concerns and issues with the location of the structure.

The tree house was partially constructed in an existing Australian pine tree on the beach side of the couple's property with wooden pilings making up the remainder of structure's foundation. Part of the tree house is located beyond the erosion control line, requiring Tran and Hazen to obtain a permit from the Florida Department of Environmental Protection before the city can issue a permit.

Tran plans to address the engineering concerns raised by McGuinness, particularly the pilings providing the foundation for the tree house and the ability of the building materials to weather a storm and flying debris.

"I wasn't surprised," Tran said of the permit denial. She said the couple's plan now is to consult engineers to determine how best to address the issues raised by McGuinness.

"I'm going to try my best and exhaust any possibilities," Tran said. "Just because they denied the permit doesn't mean we have to take it down right now."

Holmes Beach Mayor Bob Johnson had a different view.

"We denied the permit," he said. "They need to apply for a demolition permit to take it down."

The tree house, built in 2011 for $20,000, has been a point of contention between Hazen and Tran and the city for several years with the case transitioning in and out of civil court several times.

With the denial of the permit, Johnson said he hoped the case would finally come to a close. Tran said she has no intention of throwing in the towel just yet. She hopes to address the city commission once a new plan has been developed to address the city's concerns.

"I'm not giving up," Tran said. "I don't want to lose the tree house."

BRADENTON BEACH – Last week, Vice Mayor John Chappie and Commissioner Jake Spooner defended City Attorney Ricinda Perry in response to criticism she received from Mayor Bill Shearon regarding a public records request she made on the city's behalf.

During the Jan. 10 workshop discussion on vacation rental regulations, the commission, including Shearon, reached unanimous consensus in directing Perry to assess the feasibility of pursuing a court ruling as to whether the city's comprehensive plan and land use regulations allow commercially-operated vacation rentals in the city's residential zones.

Perry was asked to research the cost and viability of pursuing a declaratory judgement similar to what was previously discussed but never fully pursued by the Anna Maria Commission in 2015. At that time, two of the three attorneys the Anna Maria Commission consulted with felt a judge would not rule in the city's favor. Those opinions were further supported by court rulings issued in two other Florida cities.

After the Jan. 10 workshop, Perry sent a public records request to Anna Maria City Clerk LeAnne Addy, and she copied Mayor Dan Murphy and City Treasurer Maggie Martinez.

"I apologize in advance for the volume of this request," her request stated.

She asked for copies of all ordinances passed or repealed pertaining to building moratoriums, vacation rental regulations and any rental-related land use regulations. She asked for a list of Bert Harris claims and lawsuits filed against the city and inquired about the costs the city of Anna Maria incurred for legal and professional services related to writing and defending the city's vacation rental and land use regulations.

"Please take as long as needed to collect the relevant data. Also, given the nature of this request, the city of Bradenton Beach would pay for any costs associated with the public records that are not available electronically," Perry wrote.

During the Thursday, Jan. 19 commission meeting, Perry told the commission the request had not yet been fulfilled, thus she did not expect to provide the commission with an opinion on the pursuit of a declaratory judgement within the requested one-month timeframe.

Chappie then brought up the e-mail Shearon sent Perry on Jan. 12.

"Disappointed I was not given a copy of the extensive records request to a neighboring city. I was blindsided when Mayor Murphy advised myself and Mayor Johnson of your request and the need to discuss it. We discussed the value of this approach that all Mayors researched/confirmed was a waste of time and resources months ago," Shearon's e-mail said.

Perry responded with an e-mail to Shearon that said, "The request is precisely what the commission and you told me to do that day. How can you be disappointed with me following directives?"

Murphy said later that he was not upset by Perry's extensive but legitimate request.

Chappie addressed Shearon's e-mail during last week's meeting.

"I was a little surprised at the email that was sent out, and I just want to make clear to the public that it was clearly under the direction, with a consensus, to move forward with this," Chappie said, noting later that he was disappointed with Shearon's e-mail.

"I'm in total agreement. That's information we need," Commissioner Jake Spooner said.

"I was not aware it was an extensive request," Shearon said. "I offered to talk to Mayor Murphy, then we might be able to get a Reader's Digest version of what they went through and the costs that they had. Then maybe we could make a decision without waiting a month. Anna Maria had three different attorneys on it, and they found that it didn't go that way."

In response, Chappie said, "I'm not so sure that I really want just a Reader's Digest version. The devil's in the details, especially if we're going to go to court on something."

Chappie said it still needs to be determined if Bradenton Beach's comp plan includes language that would give the city a stronger legal position than Anna Maria had.

ANNA MARIA – City Planner Bruce McLaughlin's letter of resignation was submitted to the city of Anna Maria Monday morning, Jan. 23.

On Thursday, Jan. 19, McLaughlin sent his resignation letter to Michael Causely at the M.T. Causley consulting engineering firm for whom McLaughlin served as a subcontractor in his role as city planner.

"Please accept this letter, to be forwarded to the city of Anna Maria as my resignation, and that of Bruce McLaughlin Consulting Services, from the position of city planner for the city of Anna Maria. It is with a great deal of reluctance that I resign from this position, but various personal reasons, including the onerous commute, necessitate this action."

The office McLaughlin uses for his self-operated consulting firm is located in Indian Rocks Beach.

McLaughlin was out of the office Monday and unavailable for comment. Last week, he told commission Chair Doug Copeland that he was going to resign and that he tentatively planned to serve through the Thursday, Jan. 26, commission meeting.

"I will be available to respond to any inquiries from the city with respect to ongoing projects," his resignation letter said.

McLaughlin became Anna Maria's city planner in February 2016, when then-planner Alan Garrett committed full-time to the city of Bradenton Beach.

Mayor Dan Murphy was on vacation and unavailable for comment.

Planning and Zoning Board chair Jon Crane e-mailed Copeland last week after he learned that McLaughlin planned to resign.

"In my capacity as chairman of the P&Z, I was very disappointed and distressed to hear about the unfortunate and avoidable resignation of the current city planner," Crane wrote.

After expressing his respect for McLaughlin, Crane noted the planner and the board members have spent the past year working on potential amendments to the city's comprehensive plan and that work is not yet finished.

Crane's e-mail also referenced the pending reorganization of the planning and building departments.

Recent developments

Last fall, the city advertised an opening for a newly-created position called the Planning and Building Department Manager. This person was to direct and supervise the Planning and Building Department that included McLaughlin, Building Official Jimmy Strickland and administrative assistant Kristine Dittmann. McLaughlin expressed interest in the position that was later eliminated before being filled.

A staff reorganization plan created by Murphy was included as a late addition to the Jan. 12 commission meeting packet and it was approved without any commission discussion.

The plan states the reorganization will take effect Feb. 1. Code Enforcement Manager Pamela Gibbs will assume the new role of Code and Building Department Manager, reporting directly to the mayor. Had McLaughlin remained with the city, he would have reported to Gibbs. Public Works Director George McKay will serve as the Building Department Coordinator, reporting to Gibbs, and the city will need to hire or subcontract a new city planner.

During the Jan. 12 commission meeting, McLaughlin recommended the commission deny a request to divide and replat a property at 826A South Bay Boulevard. The property owner, Randy Houlas, wants to tear down the existing house and build two new houses, one of which he intends to live in and the other he intends to sell.

McLaughlin objected to the replat request because the design plans for the two homes created a zig-zagged property line between the two structures, while still maintaining the required setbacks.

City Attorney Becky Vose disagreed with McLaughlin's position, and she told the commission there is nothing in the comp plan that prohibits zig-zagged lot lines. The commission then voted 4-1 in favor of approving the replat request.