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Resolution
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3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12835 Final Action Date: 9/26/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING
THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF
DFMMJ INVESTMENTS, LLC, REVERSING / AFFIRMING THE PLANNING
ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN
RESOLUTION NO. PZAB-R-22-047 AFFIRMING THE ZONING
ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO
SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT
APPROXIMATELY 2155 SOUTHWEST 22 STREET, MIAMI, FLORIDA,
("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING
ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A
CANNABIS DISPENSARY AND/OR CLINIC FOR THE PROPERTY; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on August 15, 2022, pursuant to Section 2-211 of the Code of the City
of Miami, Florida, as amended ("City Code"), titled "Denial or Revocation of Certificate of
Use", and Section 7.1.2.1 of Ordinance No. 13114, the Zoning Ordinance of the City of
Miami, Florida, as amended ("Miami 21 Code"), titled "Permitted Uses", the Zoning
Administrator denied the issuance of a Certificate of Use ("CU") to DFMMJ Investments,
LLC, ("Appellant") for a Cannabis Dispensary and/or Clinic use for the property located at
approximately 2155 Southwest 22 Street, Miami, Florida ("Property"); and
WHEREAS, on August 17, 2022, Louis Terminello, Esq., on behalf of the
Appellant, filed an appeal of the denial of the CU with the Office of Hearing Boards; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
October 11, 2022, following an advertised public hearing, adopted Resolution No. PZAB-
R-22-047 by a vote of six to one (6-1), Item No. 5., denying the appeal and affirming the
decision of the Zoning Administrator; and
WHEREAS, Louis Terminello, Esq., on behalf of the Appellant, filed with the Office
of Hearing Boards an appeal of the PZAB decision to deny the appeal; and
WHEREAS, Section 2-211(a) of the City Code states that the Zoning Administrator
may deny the issuance of a CU for good cause; and
WHEREAS, Section 7.1.2.1 of the Miami 21 Code indicates that the Zoning
Administrator shall withhold a Certificate of Use unless he finds that all the requirements
of the Miami 21 Code have been met; and
City of Miami Page 1 of 3 File ID: 12835 (Revision:) Printed On: 8/5/2025
File ID: 12835 Enactment Number:
WHEREAS, Section 381.986(11), Florida Statutes, provides that a municipality
may, by ordinance, ban medical marijuana dispensing facility from being located within the
boundaries of the municipality and that a municipality that does not ban such may not
place specific limits, by ordinance, on the number of such that may locate within the
municipality; and
WHEREAS, Section 381,986(11), Florida Statutes, further provides that 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 dispensing facilities located within the boundaries of the municipality; a
municipality may not enact ordinances for permitting or for determining the location of
such facilities that are more restrictive than its permitting or locations for pharmacies
licensed under Chapter 465, Florida Statutes, except that such facilities may not be
located within 500 feet of a public or private elementary, middle or secondary school
unless the 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; and
WHEREAS, while marijuana for medical purposes is allowed by state law under
Section 381.986, Florida Statutes, marijuana remains illegal under federal law because it
remains classified as a Schedule I drug by the Drug Enforcement Administration under the
Controlled Substances Act of 1971; and
WHEREAS, this presents a conflict under Section 2.2.2 of the Miami 21 Code as
State law allows such use, but federal law prohibits the same; and
WHEREAS, such section requires that in the case of such conflict "the most
restrictive or that imposing the higher standard shall govern", which would be federal law;
and
WHEREAS, based on the testimony and evidence presented, after due notice and
an opportunity to be heard has been afforded to all parties and members of the public, the
City Commission finds that the record supports approving/denying the appeal filed by
Appellant; and
WHEREAS, the City Commission, after careful consideration of this matter and for
the reasons stated on the record at the public hearing, finds that the stated grounds for
the subject appeal and the facts presented in support thereof justify reversing / upholding
the decision of the PZAB and reversing/affirming the Zoning Administrator's denial of the
Certificate of Use;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution
are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby grants / denies the appeal, reversing /
affirming the decision of the PZAB as set forth in Resolution No. PZAB-R22-047, and
reversing / affirming the denial of the Certificate of Use for a Cannabis Dispensary and/or
Clinic for the Property.
City of Miami Page 2 of 3 File ID: 12835 (Revision:) Printed on: 8/5/2025
File ID: 12835 Enactment Number:
Section 3. This Resolution shall be effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 File ID: 12835 (Revision:) Printed on: 8/5/2025