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Last modified
5/25/2016 12:29:31 PM
Creation date
5/25/2016 12:25:18 PM
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Ordinances
Ordinance Number
2016-005
Adopted Date
05/10/2016
Agenda Item Number
10.A.1.
Ordinance Type
Pain Management & Controlled Substances
State Filed Date
05\11\2016
Entity Name
Amendment 2
Subject
Medical Marijuana
Codified or Exempt
Codified
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(8) Appeal. If an application for issuance or renewal of a pain management <br />clinic permit is denied, the applicant shall have the right of appeal as set <br />forth in section 100.06 of this Code. The denial shall be considered a <br />decision of a department head for the purpose of applying section 100.06. <br />An appeal fee shall be paid by the applicant at the time of filing an appeal <br />to the Board. The amount of the fee shall be set by resolution of the <br />Board. The amount shall be sufficient to recover the County's approximate <br />cost of reviewing and acting upon the appeal. <br />(9) Revocation of Permit. A pain management clinic permit shall be subject to <br />revocation in proceedings before the Indian River County Code <br />Enforcement Board or any court of competent jurisdiction, in the event <br />that: <br />a. The information or statements submitted to obtain issuance or renewal of <br />the permit contained materially false information; <br />b. The permit holder, or any Pain Clinic Responsible Party, has engaged in <br />activity prohibited by section 315.03; <br />C. The permit holder, or any Pain Clinic Responsible Party, has been found <br />by any county or municipal board, commission or council, or by any state <br />or federal court, or by any state or federal regulatory body, to have acted <br />with respect to controlled substances or marijuana in violation of applicable <br />law; or <br />d. The permit holder, although required to be registered, is no longer <br />registered with the Florida Department of Health, pursuant to sections <br />458.3265 or 459.0137, Florida Statutes, or registered as a Medical <br />Marijuana Treatment Center, pursuant to Article X Section 29 of the <br />Florida Constitution, or no longer holds a current business tax receipt for a <br />pain management clinic, or the controlled substance registration issued by <br />the United States Department of Justice, Drug Enforcement Administration <br />to any person prescribing, administering or dispensing controlled <br />substances at the pain management clinic has been suspended, revoked <br />or denied renewal. <br />(10) Emergency Suspension of Permit. Upon clear and convincing proof that <br />one or more of the events set forth in subsection (9) have occurred, and <br />upon a finding that continued operation of the pain management clinic <br />presents an immediate danger to the health, safety and welfare of the <br />F Atm e, b da GEA'ER7L Resolutions & 0,d—ces'Ord—ces Pain C1i cs Wdi 1 Alar yuan,. docs 10 <br />
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