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2010-013
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Last modified
1/4/2019 2:41:32 PM
Creation date
10/5/2015 9:00:59 AM
Metadata
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Ordinances
Ordinance Number
2010-013
Adopted Date
06/08/2010
Agenda Item Number
13.A.
Ordinance Type
Emergency
State Filed Date
06\14\2010
Entity Name
Moratorium of 90 Days on Local Business Tax Receipt Issuance
Subject
Pain and Pain Management Clinics
Controlled Substance
Supplemental fields
SmeadsoftID
8510
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ORDINANCE NO. 2010- 013 <br />and the Board of Osteopathic Medicine; however, to date, such measures have not <br />been implemented; and <br />WHEREAS, numerous other Florida counties and municipalities have adopted <br />moratoriums or other restrictions to prevent the proliferation of pain clinics, which could <br />result in Indian River County becoming a target for such clinics; and <br />WHEREAS, the Indian River County Tax Collector has reported to the Board that <br />the Tax Collector has received numerous telephone calls inquiring whether Indian River <br />County issues business tax receipts to new pain clinics, suggesting that Indian River <br />County has already become a target for such clinics; and <br />WHEREAS, the Board hereby finds and declares that an emergency exists and <br />that the immediate enactment of this ordinance is necessary. Specifically, the Board <br />finds and declares that the proliferation of pain clinics in Indian River County is a direct <br />and immediate threat to the public health, safety and welfare of the citizens of Indian <br />River County, and that an emergency moratorium on the issuance, transfer and renewal <br />of business tax receipts for the operation of such pain clinics is necessary to prevent the <br />harmful impacts of such proliferation, <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: <br />Section 1. Legislative Findings. The Board finds that the above "Whereas" <br />clauses are true and correct, and hereby incorporates such clauses as the legislative <br />findings of the Board. Without limitation, the Board waives the notice requirements of <br />section 125.66(2), Florida Statutes, and specifically finds and declares that an <br />emergency exists and that immediate enactment of this ordinance is necessary for the <br />reasons set forth in such clauses. <br />Section 2. Definitions. <br />(a) "Pain Clinic" or "Pain Management Clinic" shall mean a privately <br />owned pain management clinic, facility, or office primarily engaged in the <br />treatment of pain by prescribing or dispensing controlled substance medications, <br />or which advertises in any medium for any type of pain management services, or <br />employs a physician who is primarily engaged in the treatment of pain by <br />prescribing or dispensing controlled substance medications, and which is <br />required to register with the Florida Department of Health pursuant to section <br />458.309 or section 459.005, Florida Statutes; provided, however, that the <br />following shall be excluded from this definition: <br />FA <br />
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