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ORDINANCE NO. 2017- no 459.0137, Florida Statutes, _ -. - -_ -. ._ .. -. ---- Center, pursuant to Article X, Section 29 of the Florida Constitution, or no longer holds a current business tax receipt for a pain management clinic, or the controlled substance registration issued by the United States Department of Justice, Drug Enforcement Administration to any person prescribing, administering or dispensing controlled substances at the pain management clinic has been suspended, revoked or denied renewal. (10) Emergency Suspension of Permit. Upon clear and convincing proof that one or more of the events set forth in subsection (9) have occurred, and upon a finding that continued operation of the pain management clinic presents an immediate danger to the health, safety and welfare of the residents of Indian River County, the Department shall be authorized immediately to suspend the pain management clinic's permit. In such event, the permit holder shall have the right of appeal as set forth in section 100.06 of this Code. The suspension shall be considered a decision of a department head for the purpose of applying section 100.06. All aspects of the appeal shall be expedited. An appeal fee shall be paid by the applicant at the time of filing an appeal to the Board. The amount of the fee shall be set by resolution of the Board. The amount shall be sufficient to recover the County's approximate cost of reviewing and acting upon the appeal. Any emergency suspension pursuant to this subsection shall continue for a period not to exceed six (6) months; provided, however, that if revocation of the permit is sought, the Code Enforcement Board or court of competent jurisdiction in which the revocation request is pending may extend the suspension beyond six (6) months until completion of the revocation proceedings, if necessary to protect the health, safety and welfare of the residents of Indian River County. (11) Change in Information or Statements. The permit holder shall notify the Department in writing of any change in any information or statements submitted pursuant to subsections (2) a. — hi. or (3)a. — d. above, or of any change in any facts or circumstances such that any information or statements submitted pursuant to subsections (2) a. — hi. or (3)a. —d. are no longer completely true and accurate. Such notification shall be provided within thirty(30) days of the change. Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. F:Attorney Lrnda.GF\'FR9DJtesolurions&OreAnances O,dinances Pain CINicsJfedic,1.\1ar junna Repeal acrd Ban.docs 11