§ 14-177. No county liability; indemnification; no defense.

(a)

By accepting a certificate of approval and premises authorization issued pursuant to this article, the operator waives any claim concerning, and releases the county, its officers, elected officials, employees, attorneys, sheriff's office and other constitutional offices, the City of Kissimmee, the City of St. Cloud, and agents from, any liability for injuries or damages of any kind that result from any arrest or prosecution of business owners, operators, employees, clients, or customers of the operator for a violation of state or federal laws, rules, or regulations.

(b)

By accepting a certificate of approval and premises authorization issued pursuant to this article, all operators, jointly and severally if more than one (1), agree to indemnify, defend, and hold harmless the county, its officers, elected officials, employees, attorneys, sheriff's office and other Constitutional offices, the City of Kissimmee, the City of St. Cloud, agents, insurers and self-insurance pool against all liability, claims, and demands on account of any injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the medical marijuana treatment center that is the subject of the certificate of approval and premises authorization.

(c)

The issuance of a certificate of approval and premises authorization pursuant to this article shall not be deemed to create an exception, defense, or immunity for any person in regard to any potential criminal liability the person may have under state or federal law for the cultivation, possession, sale, distribution, or use of cannabis.

(d)

Nothing herein requires the county to issue a certificate of approval to any applicant or operator regardless of ranking.

(Ord. No. 2016-97, § 1, 10-17-16)