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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 />