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C ORDINANCE NO. 2010- 016 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 207 "LOCAL BUSINESS TAX RECEIPTS" OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA, BY ENACTING A NEW SECTION 207.15 ENTITLED "PAIN CLINICS AND PAIN MANAGEMENT CLINICS" ESTABLISHING FOR ONE YEAR FROM JUNE 82 2010 A MORATORIUM AND CERTAIN RESTRICTIONS ON THE ISSUANCE, TRANSFER AND RENEWAL OF LOCAL BUSINESS TAX RECEIPTS FOR THE OPERATION OF PAIN CLINICS AND PAIN MANAGEMENT CLINICS; PROVIDING FOR SEVERABILTY, A GENERAL REPEALER AND AN EFFECTIVE DATE. WHEREAS, pursuant to Article VII, Section 1 of the Florida Constitution, and Chapter 125, Florida Statutes, Indian River County is authorized to protect the public health, safety and welfare of its residents, and has the power and authority to enact regulations for .valid governmental purposes that are not inconsistent with general or special law; and WHEREAS, on November 19, 2009, the Broward County, Florida Grand Jury released an Interim Report on the Proliferation of Pain Clinics in South Florida, which report detailed the rapid proliferation of pain clinics in South Florida; the excessive prescribing and dispensing of controlled substances through such clinics; the increased deaths resulting from lethal dosages of such controlled substances; the increased crime, including burglaries and robberies in areas where such pain clinics operate; the identity theft and organized criminal activities linked to the excessive prescribing and dispensing of such controlled substances; the increased drug trafficking in controlled substances originating from such pain clinics; and other impacts harmful to the public health, safety and welfare; and WHEREAS, the Indian River County Sheriff has reported to the Board that based on the proximity of Indian River County to 1-95, and considering the expansion of pain clinics northward towards Indian River County from counties located to the south, there will be a definite proliferation of such clinics in Indian River County, and that such clinics will have a direct and immediate impact which is harmful to the public health, safety and welfare of the residents of Indian River County. The Sheriff has also reported that there has been an increase in deaths in Indian River County caused by lethal dosages of controlled substances relating to pain management; and WHEREAS, newspaper and other reports have described the "pipeline" that is used by drug traffickers illegally purchasing controlled substances from pain clinics in Florida and selling the controlled substances to users in other states; and 1