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ORDINANCE NO. 2010- 013 AN EMERGENCY ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING A NINETY (90) DAY MORATORIUM ON THE ISSUANCE, TRANSFER AND RENEWAL OF LOCAL BUSINESS TAX RECEIPTS FOR CERTAIN PAIN CLINICS AND PAIN MANAGEMENT CLINICS; PROVIDING FOR SEVERABILTY; AND SETTING FORTH EFFECTIVE DATE. WHEREAS, section 125.66(3), Florida Statutes, authorizes the Board of County Commissioners at any regular meeting to enact an emergency ordinance, upon declaring that an emergency exists and that the immediate enactment of said ordinance is necessary; 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 citizens of Indian River County. The Sheriff has also reported to the Board the 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 detailed 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 WHEREAS, the Florida Legislature has recognized and addressed the harmful impacts of the proliferation of pain clinics by adopting Chapters 2009-198 and Senate Bill 2272, requiring, inter alia, the licensure of pain clinics, the establishment of a prescription drug monitoring program, and the promulgation of rules and regulations by the Department of Health, the Department of Law Enforcement, the Board of Medicine 1