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ORDINANCE NO. 2011- 004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING CHAPTER 315 OF THE CODE OF INDIAN RIVER COUNTY ENTITLED "THE INDIAN RIVER COUNTY PAIN MANAGEMENT CLINIC AND CONTROLLED SUBSTANCES ORDINANCE"; REGULATING AND PROHIBITING CERTAIN ACTIVITIES RELATING TO THE OPERATION OF PAIN MANAGEMENT CLINICS AND PHARMACIES PRESCRIBING AND _ DISPENSING CONTROLLED SUBSTANCES; AND PROVIDING FOR SEVERABILTY, A GENERAL REPEALER AND AN EFFECTIVE DATE. WHEREAS, pursuant to article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes, Indian River County has broad home rule powers to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of Indian River County; and WHEREAS, the Florida Legislature, in chapter 2009-198, Laws of Florida, found that controlled substances are too often diverted in Florida, often through fraudulent means such as pain management clinics and pharmacies which prescribe and dispense excessive amounts of controlled substances; that there is a criminal element that facilitates an epidemic of abuse of controlled substances through illegal profits derived from the operation of pain management clinics and pharmacies; that thousands of deaths have occurred in Florida from lethal dosages of controlled substances prescribed by pain management clinics and dispensed by pharmacies; and that such misuse of controlled substances hurts the State of Florida significantly in terms of lost lives, increased crime, human misery from addiction, and escalation of health care costs and Medicare fraud that all Floridians ultimately bear; and WHEREAS, studies in Florida have found that pharmacies whose sales of controlled substances (as a percentage of the pharmacy's total prescription sales) significantly exceed industry standards, are often operated in conjunction with and as accessories to pain management clinics which prescribe excessive amounts of controlled substances; and WHEREAS, the Broward County Grand Jury has investigated and reported on the rapid proliferation of pain management clinics in South Florida; the excessive prescribing and dispensing of controlled substances through such clinics; the increased deaths resulting from lethal dosages of controlled substances; the increased crime, including burglaries and robberies in areas where such clinics operate; the identity theft and organized criminal activities linked to pain management clinics which prescribe excessive amounts of controlled 1